tv [untitled] November 19, 2024 5:00am-6:55am EST
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grief in assam and had returned to arkansas and our prayers are with him and his him as they're going through a time of loss. i'm really excited when you walk in and see my friend senator thune to hear with his leave were going to let them get started adages want to say thank you for these witnesses. it takes a lot to come to the united states senate. it takes a lot to prepare testimony, and it just means a lot to me to each of you would take some time out to come this afternoon. it's a tough to in the senate as senator kennedy knows. there's a lot of folks that are getting with what could be the last day here for some time. so you have to forgive if the attendance is life or if people come in and out, please don't let anybody on either side of them to think it's reflective of urgency and importance of the subject matter. i'm going to start with my formal testimony then i'm going to defer to senator kennedy for his, and then we will proceed to the witnesses. but i just want to say again good afternoon, and the subcommittee is coming to order.
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this subcommittee focus on issues relating to criminal justice, and today we are here to discuss what i believe is our responsibility to keep the people held in custody in our country's prisons and jails safe. as a matter of that high ideals of justice, this reflects this subcommittees broader purpose of ensuring that our criminal justice system is fair and balanced, and to improve public safety for all of our communities. as he only senator now the current bits and a low income, they really below the poverty line, i take crime to secure grant a lot of challenges and there is a lot of issues that we contend with in the communities in which i live. it's not often that we can report some successes of though, and i think it's by no part the acts of congress who helped to support a lot of change we're seeing. just two days ago the fbi released its 2023 crime
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statistics and reports the show violent crime in the united states drop for the third straight year in a row, with rate dropping nearly 10% and an 11.6% decrease in murder and manslaughter compared to 2022. this is actually the biggest one-year drop in murders have reported by the fbi, or excuse me, reported in the last 20 years by the fbi and this is remarkable reversal from the end of 2020 when the murder rate spikes to increase at a specific -- pretty significant rate. i'm grateful again for congress and will be done in a bipartisan manner to help empower our law enforcement. we know we've made tremendous investments in public safety under the american rescue plan. the administration provided over $15 billion for communities to why more police, equipped first responders with tools to extend community violence interventions. we've as commonsense gun safety laws in which we done in manner to get more illegal firearms off
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i also want to advise everyone in attendance and those watching this hearing online at today's hearing will feature discussions of rape and sexual assault and other challenging topics. 21 years ago congress unanimously passed a bipartisan bill, the prison rape elimination act, also known as pria. the bill was championed by a broad coalition that included evangelical christians who were outraged by the epidemic of rape and sexual violence of prisons and organize together in an extraordinary way evangelical from all around the country including my state organized themselves to ensure incarcerated people were treated with dignity and protected while in custody. this coalition was led by a guiding principle in scripture that is actually one that's kind of my life. it's matthew 25 chapter 40 that says, truly i tell you, whatever
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you did for the least, one of the least of these brothers and sisters you did for me. this is the truth. how we treat the least of us is to find two we are as a people and i believe who we are as individuals. how we treat the least of these is how we should be judged. truth was in china by our founding fathers composters onto the iphone should be free from crew uninjured punishment. jeff sessions, sanded or then, was the lead sponsor prea and to recognize this tenet of american democracy during the bills passage he said very bluntly, it is the duty of government officials to ensure those who are convicted and sentenced to prison serve only the sentence imposed by the judge. rape is not a part of any lawful sentence. prea is the nation's first federal civil law addressing sexual violence in correctional and detention settings. it announced a zero tolerance
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standard for raping prisons and aim to make the provision sexual assault a top, top priority in each prison system. prea ushered in a comprehensive data collection, training for tens of thousands of correctional staff, and its provider state was $75 million in grant funding over the last 20 years. but sexual violence in prisons and custodial settings still persist. we were all horrified when seven correctional officers including the warden and prea coordinator were sentenced for sexually abusing those in custody at fci dublin in california. this egregious example makes clear that sexual violence behind prison walls process and it must be reviewed ru. sexual abuse in prisons creates a legacy of trauma for its survivors. disproportionally, these people are ones who survived prior sexual violence, people with behavioral health needs, lgbtq people and especially we see
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this violence often directed towards our young people. this endangers the communities they reenter and it frustrates the mission of law-abiding correctional officers, the overwhelming majority of our correctional officers are heroic, work hard, and often find themselves in your workplace that still has difficulties and challenges. we know our correctional officers are understaffed, underresourced, underfunded, and not allowed to do the things that they are trained to do. i wish only hardens when senator cornyn partnered with senator schatz something ugly senator kennedy might agree with me pretty impressive coalition, but they continued to build on prea bipartisan tradition by working together on the sexual abuse services and detention act to find emotional support services to incarcerated survivors. one of my heroes, bryan stevenson, offers that the true measure of character is how we
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treat the poor, the disfavored,, the accused, incarcerated, and the condemned. i'm confident the subcommittee will embrace its duties to protect the incarcerated people sexual abuse in prisons. i'm confident the scripture that has guided my life and jeff sessions will actually embolden the spirit of this body. i'm confident the solutions we look for today enjoy the same bipartisan united response we saw 21 years ago to come together and pass prea. i look forward to a productive conversation with this extraordinary panel, and ann now to the ranking member of the subcommittee, or excuse me, to the man whose courageous enough to stand in for the ranking member, really pick up for our college. i just want to turn right now to my friend from louisiana, senator kennedy. >> thank you, mr. chairman. senator cotton, who is the
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ranking, since his apologies. he's very, very sorry he could not view today. but i'm glad i'm here today and am looking forward to this testimony. i think it was st. augustine who said justice, justice is when you get what you deserve. justice is when you get what you deserve. and you may be thinking, well, that doesn't tell us anything. what did you deserve? but i think it serves as an invitation to all of us as a society to debate, what is justice? if punishment is appropriate, what is appropriate punishment? i don't think any fair-minded person believes that rape or
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sexual violence is justice. it just isn't. and i'm looking forward to learning today from these esteemed witnesses here in front of us, and i'm thankful to our chairman for calling this hearing. >> i'm again really grateful for senator kennedy. i know how busy is and is present here today. i think reflects his commitment to the issue, the issues of public safety as whole and want to welcome my colleague, senator whitehouse and senator padilla. we had as a signal for a really powerful panel of experts. i'm going to introduce and swear and no witnesses. the witnesses will give the opening testimony in the order i introduce you and senators within five minutes of questioning. if it's okay with the ranking member i will save myself for last. you can go first or senator whitehouse, whichever you prefer. >> let me say, my choice is me
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or white house? whatever you want to do. >> i'm going to actually defer to my ranking member breaking with tradition. it's time to shake things up a little bit here in the will proceed with senator whitehouse. i first want to turn to the witness testimonies. the first witness is breanna wingfield. ms. wingfield was born and raised in los angeles, california. she currently lives in dallas, texas, with her two children ages 16 and eight. ms. wingfield graduated from california state university in 2020 with a bachelors of arts in sociology. she will receive her teaching credential in december 20124. congratulations. that's exciting. she's working as a substitute teacher for children from preschool to sixth grade. thank you for being you. our second when this is julie obeid, the national advocacy director of just detention international. hope you have big business, that's a lot.
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she works with correctional officials, policymakers and patient advocates to address custodial sexual abuse and conditions of confinement. prior to joining gdi she spent 15 years for the united states department of justice as a senior trial attorney and then deputy chief in special litigation section of the civil rights division. thank you for the service. she was there responsible for enforcing the civil rights of institutionalized persons act. she was a abuse attorney generals prison rape elimination act working group which promulgated the national standards to prevent, detect and respond to prison record she is also a certified pre-auditor. ms. abbate received ref arts degree with a major in women's study from u-visa michigan and her j. d. from the howard university law school, and she was magna cum laude. our third witness is bonnie hernandez, and mother of two
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daughters, a grandmother, and the daughter of a retired united states marine. she is a former employee of the fortune 500 company, an avid reader, and returning citizen who served 12 years in a federal prison. bonnie is also survive a sexual violent perpetrated a federal bureau of prisons officer during her time in custody. the now former b.o.p. officer was convicted and sentenced for his criminal action. bonnie was released from prison in may of 2024, two years early thanks to compassion police, a new sentencing commission holsey statement that allow survivors of sexual abuse to petition the sentencing court for a reduced sentence. bonnie earned her ged and attended penn valley community college before her time in prison. while in custody she taught a number of classes including ged, behavioral health, and world history.
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she now resides in lee's summit, missouri, a suburb of kansas city. our fourth way this is kenneth james, director of settlement compliant at south carolina's department of juvenile justice. with no disrespect to her two south to lend to sinners perhaps the proudest south carolinians in the senate right now. mr. james served as the division director of compliance and standards and the agency prea coordinator for the south carolina department of corrections. before transferring to south carolina department of corrections in 2019 he served as a as a prerecorded or for the south carolina department of juvenile justice. and in multiple leadership and management positions for over 17 years. he also served as a correctional officer, sergeant, lieutenant, and captain at the south carolina department of juvenile justice. mr. james holds a bachelors degree in criminal justice from limestone college and a masters
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degree in criminal justice public administration from liberty university. it says here that senator cotton which introduced the other witnesses. okay. >> thank you. thank you, mr. chairman. ms. brandy moore white, welcome. ms. white is a national present of the council of prison locals, that's a union, representing about 30,000 correctional officers and staff. before she became that organizations president she was its national secretary-treasurer for six years. i'm happy she was able to take time out of her busy schedule to fly here from arkansas today and be with us. ms. white is here to shed light on some aspects of sexual abuse
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in prisons that has not received the attention it deserves, and we welcome her today. >> can i add, brady has been her numerous times before. i'm going to punch her card, she might get a free cell. she'd be willing to come to the sims often she been a tremendous witness and we're so have you here with us again. your test me will be infallible. thank you for our final witness is ms. kelsey bolar. and by saying that the right? ms. bolar is director of storytelling and a senior policy analyst at the independent women's forum. that's an organization that advocates for women, supports opportunities for women. thank you for your work. she is also a senior blankly fellow at steamboat institute. kelsey has worked extensively on the topic of biologically male
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transgender inmates in women's prisons. she recently coproduced a mini documentary series entitled, quote, cruel and unusual punishment, the male takeover of women's prisons, end quote. i also have a letter, actually it was given to senator cotton, but he stashed here. i have a letter addressed to chair booker and addressed to senator cotton from ms. ichikawa pick them by saying that right? say that again. [inaudible] ichikawa, okay. amy, okay. amy is a former inmate in ina women's prison. she was interviewed by ms. bolar about her experiences in prison. the letter provides insights into the protections that the prison rape elimination act provides, it also discusses how
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enforcement and accountability has been lacking in women's prisons. and mr. chairman, i ask consent to submit that letter for the record. >> absolutely no objection. >> thank you to all of our witnesses. >> i'm going to ask everybody to please rise from your chairs and raise your right hand and answer this question, hopefully all in the affirmative. do you swear or affirm that the testimony you are about to give before the subcommittee will be the truth, the whole truth, and nothing but the truth, so help you god? let the record show that each witness with this has answered in the affirmative. that made for a great picture as well. okay. you all will have five minutes for your opening statements. and i think a sit in the order of introduction. why don't we just have a go from ms. wingfield and work away down
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to our proud south carolinians? why do we start with you, ms. wingfield? thank you. >> good afternoon. thank you, chairman booker and senator kennedy for inviting me to tell my story. and thank you to my fellow panelists for your courage and for being here today. i appreciate the entire committee considering this issue and inviting here as witness. it's going to take all of us to fix this broken synods and consistent. my name is breana wingfield i can live in dallas, texas. i i was born and raised in los angeles, california. my story is so different from thousands of others. at 14, i was hungry, poor and alone with only my grandmother around to raise me. we needed money just to go to mcdonald's, and there was never enough to eat. one day my friend and i still a woman's purse at a a laundrom. we ran off with the and turned the corner. when i looked inside the person i saw a pacifier and realize she
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had a baby. i made a mistake that it took the money but insisted that we return the purse. we were arrested and charged with robbery. that woman came to her hearing and plead with the judge to let us go. we were only 14, starting and suffering and to survive in a system that was stacked against us. i didn't think it could get much worse. i could've never expected what was to come. i was first placed at last the greenhouse, deputy probation officer dilatory transported us, and forced to girls to have sex in front of him in the van. he may be showing my breaths and touched them, just get on about the made sexual comments. this also happened in the juvenile holding cell at the compton california courthouse. imagine being in holding cell as a child awaiting hearing and your sexual assaulted. the fear was terrifying. i can play because did want to see a harsher sentence.
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that threat was always held over us. no one interfered or protected us. what kind of system works this way? in a lawful system. i was sent to juvenile probation camp josef scott in 2005 which was supposed to write support in rehabilitation. instead i was sexually abused almost daily. a particular card, jeffrey eichler, four speed to perform acts with other young girls while he watched and touched us. he leered at me while showering, always hiding behind his sunglasses. these are the examples of the horrific abuse i endured at camp scott. i couldn't tell anyone for fear of punishment or retribution. i did know who i could turn to report the abuse. we were never offered any type of support. we were never told we could report the abuse to make formal complaint. even if you know cars
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participated and turned a blind eye to the brazen abuse inside those walls. in philly tuesday were to turn other anyone with safe. guards would offer some girls treats or the benefits if they complied with sexual demands ind orders. we were threatened every few weeks which would result in more punishment. the abuse was sexual and deeply psychological. i was terrified every minute of every day, and just wanted to be released. to go home. i did what you need to do to survive. i was just a child. all of us who have spent time at these camps will never be the same again do we were promised at camp scott would be protected but all the girls experience rape and sexual assault. no one was protected that everything one of us was abuse in ways you cannot imagine. and that still haunts us. it was a nightmare that i've never been able to shake. these were not rehabilitation camps. there were nothing more than concentration camps. i worked hard to move on from my
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abuse. i devoted myself to my work as a substitute teacher but just like before i'm fighting back against the system stacked against me because i'm not a full-time employee i have not been able to get access to health insurance. i do not have a therapist, and moments why have not seen a way out i had to call the crisis hotline after hotline, grasping at anything to keep me on my. though i've worked hard to build a life beyond camp scott, it's with the ever i go pick up some of me for decades but being here telling my story gives me some hope. this investigation is long overdue because the prison rape elimination act of 2003 isn't being enforced. it isn't working. it's not enough. countless women and girls are still being raped, abused and violence in every way possible. each data goes by is another day where the cycle suffering continues. think of young girls incarcerated as we say to you right this very moment and know
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in my heart they are still not safe. you all have the power to protect us, to protect all-girls and women. i'd ask you today to not only listen to our stories, but to please do something about it. thank you. >> thank you for your courageous testimony ms. white. >> good afternoon, chairman booker, senator kennedy, members of the subcommittee on criminal justice and counterterrorism, and distinguish guess. what you since you to thank you for the opportunity to present the perspective of our federal prison system from the professional hard-working men and women of the federal bureau of prisons. i must once again make mention that for far too long this conversation has been missing a key element, that is the professional law enforcement officers who dedicate d their lives to protecting those
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coworkers and committees and safely housing inmates. the council prison locals represents nearly 30,000 correctional professionals across the country and wonder 21 federal prisons. these professional law enforcement officers work tirelessly day in and day out in some of the most violent self-contained cities in the country and keep us all safe from some of the world most dangerous human beings. let me start my remarks today by saying that the council absolutely condemns sexual abuse of inmates. our job is to ensure the safety and secret of the institutions where we work and sexual abuse of individuals should never be tolerated. while we applaud the goal behind prea, there definitely truly some shortfalls. the primary concern is current staffing levels within the bureau of prisons. the staffing level is so catastrophic. it has and it will again lead to
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a loss of life. the most efficient way to provide security and oversight is not cameras or technology. it is staffing. this must be addressed urgently and that only for the protection of our staff but also for the inmates house in our custody. secondly, the level of funding for the bureau, the money that they receive to achieve its mission, the current funding level is an adequate at best and has called the bureau to reduce a lot of things to include training. this hinders our ability to effectively carry out the bureau's mission of rehabilitation and reintegration among many other things. while i know there are comfortable the about a lf discussion today about sexual abuse of inmates, there's a whole other side to the discussion that congress needs to be made aware of and needs to address in some substantial way. the fact of the matter is inmates are frequently sexually
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harassing and assaulting a prison staff inside our facilities. the federal bureau of prisons could that operate with the almost 10,000, or 30% of our female staff that we currently have. as noted by recent u.n. report, addressing the effects females working in prison, the role of females in prison goes far beyond working in women's prisons. in all facilities for presence of women staff can often diffuse potential violent incidents when confrontations arrive. the strength of women officers in prison is not just in their ability to enforce rules, and in their courage and resilience, but also in their innate capacity to empathize, make profound difference by fostering a moral habilitative atmosphere. the doj inspector general michael horowitz noted in
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february 23, 2023, report three, report on the federal bureau of prisons efforts to address sexual harassment and sexual assault committed by inmates towards staff, that inmate on staff sexual harassment is widespread. in addition to rape, sexual assault, inmates subject employees to egregious sexual harassment including exposing their genitalia, exhibition and masturbation, , throwing seaman, threats of sexual violence, and the constant barrage of bile, cruel and degrading sexual comments. i can wholeheartedly tell female staffer quitting because the sexual abuse to which they are subjected. thereby further worsening understaffing crisis and further reducing our ability to keep everyone safe inside of the walls in which we work. the prison where inmates such misconduct is rapid had the attitude that nothing can be done to stop it, and that this
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is what the employees signed up for when they agreed to work for the b.o.p. despite that attitude that are prisons where inmates sexual misconduct is not tolerated and there are steps that can be taken to protect our staff. it is unclear to me why we refuse to prioritize staffing are prisons, thereby protecting our staff and inmates in arguing. not only has this caused the bureau to lose staff but it hass cost the agency well over $31 million in just to make lawsuits alone brought by female staff in 2016, 20 million was paid to the mill staff at coleman and 2018, 11 million casino staff sec's victorville. in the settlement just mention the bureau agreed to undertake programmatic relief as a result of the class action lawsuit brought by the mill stuff against the agency for failure to prevent inmate sexual harassment. but this was just implemented bureau wide this year. this in itself is a step in the
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right direction but it is far from the end of the solution. chairman booker, senator kennedy, a distinguished guests come i look forward to answering any of your questions, thank you. >> thank you, ms. moore white. he's had to come in multiple types and ascend to point out as a state in the leicester on this very subject the other crisis we have in supporting the law enforcement officers who keep us safe and how underresourced the art, so thank you for again making that crystal clear. ms. julie abbate. >> chairperson booker, senator kennedy, and esteemed members of the subcommittee, i am pleased to be here on half of just detention international to discuss the impact of the prison rape elimination act on custodial sexual safety senses passed in 2003, and since and since the previous data transmitted or promulgated in 2012.
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just detention international is a health and human rights organization that seeks to an sexual abuse in and all formf detention. it was founded by two that formerly incarcerated survivors of prison rape. we are also the only organization in the world that is dedicated exclusively to ending sexual abuse behind bars and all of our work is informed by the wisdom and experiences of prisoners, prisoner rape survives the jdi does sexual abuse and attention is preventable. prisons and jails community to come on policies, sound practices and adequate funding can help keep people safe and we have to. when the government takes away someone's freedom it also takes on an absolute responsibility to keep that person safe to matter what crime that person may have committed. rape is not part of the penalty. i have personally worked on this issue ending prisoner sexual
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abuse since i graduate from law school in 1993. just over 30 years. my experience informs my test one here today. i started out in private practice to class action litigation and assured work for 15 just at the department of justice civil rights division special litigation section. we put up the federal prea standards. i've been national ethics he directed at you do since 2018. i work with jdi is without question been the most rewarding. it provides the opportunity to work directly with correctional agencies and facility before abuses occur for a national prea standards are what provides the framework for those facilities to strengthen their systems and their practices. prea has created a lot of positive change in question facilities in the policies, practices and a people experience their time in custody living there or working there. prea has forced all of us to knowledge the horns of custodial sexual abuse. jails and prisons have become a
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bit safer. incarcerated people instead of through him for many the prea standards. but is pretty working? i think anyone would be hard-pressed to answer that in the affirmative, having heard ms. wingfield and expected here from ms. hernandez this afternoon. or when we hear ms. bolar when she testifies about the expenses of the women who have trusted her with their story. and thank you both so much for being here in person today to share your stories. it takes incredible courage. and these women are sharing these experiences not because it's fun for the want to be. they are sharing their expensive because you did that work for them. they want to make sure no other person can say the same thing. prea failed them and it's failing other incarcerated peoples. and detailed prea works for everyone we cannot claim success. i've learned a lot about custodial sexual abuse in the past three decades come visit
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over 100 correctional facilities, listened to to and learn from incarcerated people, formerly incarcerate people. far too many of whom have experienced sexual abuse can parse drive worked with and learn from caldas correctional officials. one of the most positive takeaways from my experience is the dedication of her most hidden law enforcement personnel. people who worked in our jails and prisons. almost every facility i've been in there are staff members there were again going to do their jobs but to improve condition for people who live there and work in those facilities. as you've heard this conditions they work under extremely demanding and they're getting more so with staffing levels that are diminishing seemingly daily. the work is often heroic and almost always unrecognized or i would like to take an advocate is the effort of the correctional witnesses here today, mr. james and ms. white. thank you for being here today and for all you do for the field of corrections. we know it's not easy. what can we do? three things. first, we have to stop relying
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so heavily on survivors to report abuse. survivors should of course have methods to report. they need to have their voices heard and their reports should never be ignored. but recently cannot rely on the most vulnerable people with the most to lose anyway for them to step forward before we take action to do what we know we have to do. staff also need the same types of eczema reporting mechanisms and need to be protected from retaliation for using the. leadership must always respond to reports they received from staff. in addition they use the skills that unify red flags of the abuse and it is green. they should use of skills to uncover abuse even when survivors can't or won't reported his or when staff don't report signs of abuse. second, we must support people who experienced sexual abuse in custody as we've heard the effects of sexual abuse are devastating and their long-lasting. we urge congress to pass a bipartisan sexual abuse services and detention act led by senator
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john cornyn and run shots and did you stay in the house by kelly armstrong. it ensures when incarcerate people suffer sexual abuse have support to process and heal from the trauma. and finally conquers and should ensure the grants authorized by the prea statute and administered by doj are consistently and robustly funded. those grants are designed to directly assess the field -- prea appropriations and prea appropriation men made $15.n of passages but that's not enough. even send $5 million over 20 years, if you break that down for your in all 50 states can equal sure, , that would be $75,000 a year. it's not enough. in addition to funding grants to states, those appropriations also used for data collection by doj's bureau of justice statistic. bob hugin leverages these funds
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as best they can to support states, much more is needed. having such a modest appropriation forces doj to curtail certain crucial pre-application efforts to support others. we need more robust funding. i thank you so much for the opportunity to be here and discuss these issues with you. thank you so much for your attention to these issues. thank you, ms. abbate. your expertise is appreciated. ms. hernandez. thank you. [inaudible] >> is that on? >> you've had it before. there you go. >> chair booker, senator kennedy and establishment of the subcommittee, thank you for the opportunity to appear today to testify about my expenses as a survivor of sexual abuse i have b.o.p. employee. my name is bonnie hernandez. in 2015 i was sentenced to 192 months in prison after pleading guilty to felony charges involving drugs, weapons, and
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money laundering. i am the mother to breakfast with my daughters, bailey who's with me today, and madison. they have been my my strength and my comfort, and being a mother is truly my proudest accomplishment. i had this deity job in corporate america but when the company was looking to cut costs, some out of a job. i was desperate to provide fromr my family and i got involved in selling and using drugs. i deeply regret what it did and have always accepted full responsibility for my actions. in july 2015 i was sent to fci tallahassee to serve my time. while there i had regular access to fresher and b.o.p. recreational programs, and most important i was able to video visits with my daughters. all i wanted was to serve my time, pay for my mistakes and return home to my family as quickly as possible. i have no idea how high the price i i would end up havingo pay. in 2019 my job was reassigned to
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a new supervisor, correctional officer linked linton ha. not long after my reassignment officer hatton begin showing the extra attention. he brought me contraband like naked, naked, made sexual comments towards me and would grope me while we were alone in his office. eventually he began repeatedly raping me. he used his power and authority over my body to manipulate and violently abuse me. when i first got to prison as a part of our orientation is made to watch an outdated video on prea. they were never sexual violence from other prisoners but it did that were me about violence mib perpetrated by the people who are paid to protect me. and that it was pretty much last time i have received information about my rights under prea. during my time at tallahassee i had seen what happened to people who'd been abuse and reported it
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to staff. they were relocated, put in this special housing unit, ever tallied against in ways that made it clear to me that when officer hatton can we best had to do was to keep my mouth shut about his sexual violence. eventually his violence escalated. he got to the point where i feared for my life and have no choice but to report him. even though i was terrified to do so. when i reported that he had been repeatedly and finally raping me i, too, was retaliated against just as i feared. i was called a snitch by others to i was put in the special housing unit, the most upsetting a few days after reporting, i was transported without my knowledge in the wee hours of the morning from fci tallahassee to sdc miami. sdc miami is a pretrial detention center. it has no outdoor space, no programming, no job and no technology to facilitate the video calls with my daughters we depended on.
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i was cut off from the support systems and outlets at a a tie when i needed them at the absent most. a few months after i got to fdc miami a pretty investigative team to make unit, and the guard said that anyone who would like to talk to the investigators are welcome to do so and could wait in line in front of everyone else. i did not even get in that line, but they called my name over the loudspeaker. everyone saw me go talk to the investigators. the prea investigated was a day late and a dollar short, it turns out officer hatton was prosecuted for his crimes against me. he listens to three months in prison. do you know know what even told me that he'd been prosecuted and punished for the things he did to me. and by the time he was prosecuted, served his time and released from custody, i was sitting in a cell in fdc miami, completely alone and hopeless. i knew it wouldn't be easy coming forward but never thought reporting my abuse would make my
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life in prison as awful as it was. i was a survivor of crime in federal prison perpetrated by a federal law enforcement officer, but i certainly never felt like anyone had my back was looking out for me. next to compassion release in the new sensing commission policy statements that allows victims of abuse to seek a reduced sentence, i was released from prison in may of 2024. 2024. when i walked out of fdc miami, it was the first time in two years that i breathe in any fresh air. when i got off the airplane it was the first time in two years that i even saw my daughters faces. as i sit here i'm only a few months into my freedom, coming home was one of the happiest moment of my life and it is also been incredibly difficult. i still of trauma to deal with, the court ordered therapy and yet it took four months of me to get to see a therapist. i desperately need a job, but red tape has prevented me from getting the paperwork i need for
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a job. i i connected with numerous reentry organizations that will have wait listing criteria that make it difficult to get help. i have to provide urine samples roughly twice a week and requires driving each way that i still have my driver's license back. likely either gratis deadened world and he tries me where i need to go. but i could not make it do any of my appointments if i had to walk or take into uber. what about the people who don't have what i do? being here today is among one of the hardest things i've ever done but i'm here for my daughters and here for so many of the women of the behind in prison who i knew were being used. i hope that in sharing my story it will help make the rooted for them a little less rocky. thank you for your time, forgive me the opportunity to share my story and for your commitment to bettering the lives of people in prison. ..
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punishment, the male take over female prison. sb 132, california law passed in 2020. when alyssa was a little girl, mother gave birth, a member of the motorcycle gang. for over a decade, alyssa was attracted to. after spending two years, her safe place with the miller characteristics and to make it worse, alyssa found out her new mail asked me was affiliated with the same gang who abused
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her as a little girl. she said i feel like the ascension to prison was easier than dealing with that. it was in two of the. kathleen foster pearl after objecting to 132 and reporting a male repeatedly people on her while she used the bathroom naked from the waist down. kathleen served nearly 20 years and was only three weeks away from date. by then, her family made arrangements for her to come home because she reported this behavior and told the person she does not feel safe living with men, must wait another five years in prison. for female inmates, sacrificing an earlier state anytime behind bars. a third woman who i will call jane doe, 6-foot 2-inch 200-pound male three days after
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policies that allowed male inmates into prisons is obvious but we shouldn't wait for what the stories have already made clear. policies that have self-declared gender identity have already caused demonstrable harm. nationwide, an estimated 86% of women in jail are sexual violence survivors. there's a survival of trauma putting these directly back to holy puts the invisible danger corrupt symbol of opportunity to rehabilitate and heal. i'd like to think this to be course decision to oppose efforts. opposing nomination was protecting forgotten female inmates but so much more must be done. until all female inmates are
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protected, they will end up either stories so all americans understand humanity of male rape is. this is not a left or right issue, it's a human issue. incarcerated women deserve female only spaces. anything less is a violation of the dignity and the most basic of human rights. thank you for allowing me to voice for women who are so long unable to speak for themselves. >> thank you for the opportunity to testify today in the prison rape elimination act. sexual abuse has no place in any detention and corrections officials have the
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responsibility to ensure every person is safe and treated with dignity. i worked there two years in both adult and juvenile facilities in the great state of south carolina, i'm a board member of the national coordinators working group and organization from across the nation is up with their peers and implement. retired from the army national guard and served multiple overseas tours. i seen the impact on safety and culture of our institution in both juvenile and adult facilities by beginning corrections, a widespread function that sexual abuse would not be a problem or an inevitable part of rights. didn't know what to do when they learned of sexual abuse.
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now we break the silence once a survivor steps forward, or agencies which were crisis services trained victim advocates the community. despite progress made in the work done, it's still happening. even one person sexually abused his too many and there's still more to be done. i offer the following recommendations. ursula supports challenge in congress can help prevent sexual abuse of incarcerated people. they can come in the form of guidance for prosecution. thinking consequences helping survivors for assistance for
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trauma before, during and incarceration in the work dedicated for change as well as recruiting high-quality stats training and education sexual abuse which is understanding sexual abuse and emotional qualities. substantial consequences and perpetrators deters the behavior. increase funding for mentation and dances funding to be two nieces work. i recommend congress can grant programs available and increase
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reason lack of capacity. jail. in closing, there are hundreds of dedicated professionals who look like myself work hard not only to intimate these standards but people in custody safe. the reality is, it's not time for government to take the foot off the gas. i urge this to join us. >> thank you for your expert testimony and begin with
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>> you talked about inmates violating sexually engaging and offensive conduct in respect to female federal prison stuff. are they not punished? >> not typically. >> why not? >> that's a good question. often incidents are reported and prisons are overpopulated, discipline is an issue with them struggling with even when they are reported, it's handled internally and typically removed from population and housing unit for a limited amount of time. it is not true punishment and oftentimes they are turned over
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>> require any confirmation for gender identity. >> gender identity and individuals don't have to be identified as transgender being convicted and entering prison based on their self declare gender identity. i will note female inmates we've talked to gaining access to women's prison behind closed doors, they are no longer identified as transgender, they are natural male identity. >> 's is primarily an issue in california or reports from other states? >> certainly the most pervasive, california was on the forefront
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and one of the first state in the country to pass state laws but they generally recommend their gender identity. there is a review process there. >> the federal prison system? >> the biden-harris administration and for federal prison to identify trends all candidates health and safety when making housing decisions and even declared for the first time gender affirming surgery medically appropriate which means taxpayers would be funding. >> these grapes you talked about, do we have any idea how many have occurred nationwide? >> i think that's one of the problems, a lack of reporting. continuing california the
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numbers are the 2186 identified inmates. as of now, i'm aware of 31501 of them. >> could you give me the numbers once more flex. >> 2186 trends identified inmates according to the latest numbers. 351 are trying to go into e-mail prisons. axis two e-mail prisons are registered there he met there are 200 transgender women in women's prisons in california? >> they are trends identified individuals so biological men or women from my understanding.
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would say that is you think the worst thing in this country and the worst people who conduct these things, where they house? who is monitoring those individuals where they are? if we look at how we celebrate people in this nation, we call our heroes military, law enforcement officers and firefighters and emt but we forget the people who monitor the people our country so one reason we don't have a robust correctional staffing in this country is because we don't celebrate those people who take the risks to be correctional. >> out with anything is said. how about adding to your list, punishing people who rate other people? >> it doesn't make law, sir.
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>> but when you get to be president, but you can get it done. [laughter] >> what you vote for me, sir? [laughter] >> i'm looking for specific -- how do we stop this? >> we have to realize any crime, we are over populating systems and staffing numbers are dwindling. it is dangerous. >> i know but you can't let people rate other people whether in prison or outside of prison. >> let's focus on the people in the system and the people and prisons need access to outside popes so they can have support and report things ably receive counseling from community organizations that can transport when they leave the facility and the ability to heal and staff
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are provided with what they need their jobs and have the training and adequate numbers and stay off. supplements when you needed time off, take care of the people. as and continued efforts and we have had criminal laws and reaping people in custody has always been get in the nation. also like chocolate chip.
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appreciate you. >> i want to pick up where you left off is when you were offered a chance to be president of the united states, the first thing you said which is i would find these in the minority witness, right? >> correct. >> i said that before you left so i might be able to get a partner. [laughter]
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i pray for the day you do not to come down here and tell the story over and over and over again even when congress did things in a bipartisan way to think reform and programs for prison, we cannot get those done if we do not want his additions supposed to be doing the work. it's embarrassing to have to come down until the truth and the fact that you are so underfunded and underpaid and under resourced and it's been echoed by majority witnesses for the testimony to the truth that you tell and i will do everything i can to listen to this woman from arkansas and address those issues. i want to build more background
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to support statements from other witnesses and maybe the first thing i want to ask is horrific is your experience, the woman you heard from a do you know other first-hand stories of their experience of? >> i absolutely do. >> i said i absolutely do. >> i heard that. can you just give me more context? >> too many times to count follow us in tallahassee. i have friends, so many different departments. i knew everybody there and i was there for a long time and i had time to do so. i worked recreation but every
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say in my readings underreporting problem? >> you for the question. statistically, we had an increase in reporting because of the robust department of corrections for incarcerated persons from the outside or contact somebody on the inside do something about sexual harassment. the department of corrections in
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the vulnerability enhances what was suffered it's a way to keep them quiet and make them submit and providing actual neighbors that is not what is happening, sexual coercion from staff in the mere threat degradation and they wouldn't call dollars. it will be resistance in that situation so when you cut them off their family, it's devastating trade counselors can help you decide whether and how to report. from different housing units and families and groups and away
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from their support systems. everybody who reports sexual abuse, there goes their own ability. his problem. >> and the videos and information, health and adequate to you, your words, not mine. was the information should be given to you? did not prove resourceful federal. >> that was the only video i saw when i first got to prison. first of all, they stick you in a conference room everyone going to orientation not moment and they don't stick around, it's not enforced. the facilitator leaves the room and you're left with inmates who
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take whatever they want because it's like a joking matter. i can personally tell you the video i watched, the joke was outstanding forever. don't take that sticker part or the honey bun from another inmate and again, i don't remember even one time taking about knowing what my rights were. >> and you agree that orientation given is something we should look at? >> it's super important and making jokes about that video, it's not where most of the problem is from some of more so, you need to walk the walk when they create that culture of
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i apologize for being late. testimony in my office so i want to say my respect and appreciation going forward. i want to thank the chairman. around here to pass legislation to help people accountable is order protects people as a result of the capacity to people in jail. as a former public defender. the obligation of the state has in the authority to put people in jail make sure they stay there. we not done that.
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we had a terrible situation in the prison and it was an excellent reporting piece by a local publication so i want to thank you for bringing this to our attention and i want to thank our witnesses for everything you are doing to help us deal with this. i just asked questions, i hope are not too repetitive. how meaningful was it that there would be somebody to your horrific experience and document and bring your perpetrator to justice? >> this is one of the hardest things i've ever done in my
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life, nervous and apprehensive about sharing my story. it is the impact to me to be able to share my story and know how things are done. >> we just look at the data on special assault in prison, what we miss about stories like yours? >> everything that comes along with it just like trying to report. nothing in prison is private, nothing is confidential. somebody is always watching
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i think i week for the whole profession that it is not our intent we could prevent it, we would. i apologize. >> thank you so much, appreciate your advocacy. mr. chairman, i yield back. >> thank you, mr. chairman thank you to our witnesses in particular. i'm not sure i can expect that staffing shortages are the principal driver reason a principal driver of failures and i'll give you a chance to respond to that but you are a
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certified auditor, correct? >> yes. >> so when i was sharing on the investigations, we conducted a number of investigations of actual abuse in the systems. one investigation found two thirds of federal facilities that house female inmates, there is sexual abuse of male inmates. two thirds the, perpetrators gordon and chapman when we look at the records of these facilities in particular poland where certainly in devon's case, it was an open secret the
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permissiveness and abuse was endemic. dublin was so infamous it was formerly known as red club. the check in and working engaged in sexual abuse but during these periods of crisis, every single audit found that they were compliant with the single one. metaphor exceeded every standard. how is that possible? such pandemic crisis of sexual abuse and they are sexually abusing inmates and every single one of them. >> an excellent question and a couple of answers. first, in general not even
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including those, it appears as if the context, every other facility whether five-star that can or 2500 but, the auditor at three days, who got enough time to do an appropriate audit. that is also not there because when they do implement these standards, it's just suspect social care the lowest bidder will get keys on tracks. to understand you will can write your proposal to ensure. i have personally raised this myself in pleadings and is not think the department doesn't
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know. i know there's a lot involved in breaking contracts are getting new ones but it's a huge problem. it is a protect folks and the depression of or actuality -- it makes it impossible for an audit to be conducted and they are forced to comply. >> not sure they are compliant. six male officers repeatedly raped and abused at least ten women. as far as the audit process, they must review sexual abuse complaints, interview set review the practices. >> absolutely. >> it clearly seems to me if interviews are not conducted and they have not fulfilled their obligations. >> that is true.
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>> in 2021, they were not able to interview a single one. they had transferred all of them out of prison two days before the audit at a time when sexual abuse was rampant it removed them. and never conduct an audit. >> how can it be so broken? >> the folks in custody and they know patient i don't shoot dear
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investigate? and for rate, the elimination act passed with flying colors with staff on and passed with flying colors after they are transferred out two days before the audit. >> can i rely -- this is where i was confused. should set up procedures, policies and standards and make sexual assaults -- do i have
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that right? that behavior can't go on. i think you are right on, clearly this act, people are passing with flying colors get there is a culture that this is going on and we should be looking at these policies established and they are not sufficient in protecting the problem. >> it is neither preventing for detecting or responding. >> are you going to do as was the case and government? >> satisfied more witnesses are getting them to fix -- do you understand what i'm saying? i agree with with the staffing
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issues in the programming are not getting done but i think there scratching the surface. clearly the law we designed is not working. what else should be done? >> santos for the record, every witness, this would be helpful. >> i am horrified this happened when you were 14 years old but perhaps we can start with you, some of the particular challenges in these facilities
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in regards to reporting in the department of justice, the report is significantly higher on sexual harassment reports and maybe you can describe me, if you have anything to add contributed to higher rates are harmed amongst children that dynamics of the juvenile facility talking about teenagers are different from adults in custody. often times those juveniles are in the courts that crime, the age of what they did. there is also the issue of being closer in age to the juveniles and in the juvenile facilities, the data shows women staff more commonly against young men in detention and poison detention so is the same dynamic in a high school situation teachers and you have that population, there
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is the inability to understand the responsibility people have when you work with kids and young people to not take advantage of them. the responsibility of people who work in facilities to recognize red flags and flirtatious behavior, favoritism, you name it. kids are completely turning it delightful and they have crushes on authority years. that doesn't give folks free range to take advantage of the at all. they need to recognize what they do to help not to engage in sexual relations so that is another endemic. when kids are abused, they don't report. they disclose little clues sometimes, they need to be picked up on and sometimes they think why would i report? everybody knows, what is there
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report? >> i think he appropriately answered the question and read all the statements so i would love to put this on the record and how we approve this for children. i have such respect watching her give expression. i just want to say two things. she said in the beginning something, i have friends in my state system, the abuse, verbal abuse, everything you said is very important and i don't want to diminish that as we talk
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about sexual assault on people who are inmates. i just think it was an important statement to put out there that these are issues that i watch you responding and it is valuable testimony. if there's anything you want to comment on -- apparently i need to work on my poker face. [laughter] >> if you want to play poker with me, i'd be happy. [laughter] >> i think we would talk about this for days. this whole panel has it on several things. i did disagree -- i think staffing is the moral of this. he did not what you expect, you get what you inspect. you need high quality staff these are people who are sending
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as they committed. and from them -- i can't pronounce your name. ms. julie said a lot of our staff are the forgotten heroes. they the walz, they house people you cannot put in custody. then we receive -- i'll tell you. i've experienced sexual harassment imprison myself. i have been -- i don't even know how you would say it. i've been cap called a million things. these are things and corrections often times will think our acceptable is something we have to work on on all levels. i want to personally apologize to these ladies for experiencing
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anything because it is unfathomable to me but i do think staffing is the core of this because if you have ten staff supervising 500 inmates, there is time for people to have ill intentions to things they shouldn't do. when you have 100 people supervising 500, much less likely to happen so staffing, staffing, staffing. i will be here until you fix our staffing. >> i pray it doesn't take that long. it is for the safety and security for inmates, law enforcement officers. all of the forgotten the law enforcement profession so for
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everybody on this panel, saying affirmations and make sure you understand that. and i talk about matthew chapter 24, the older i got, the reality is, people incarcerated are not the least. in many ways, people return home in my city amazing leaders to the most powerful voices, the greatest activists. people who help people with
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addiction violence and people have risen to heights of justice involved. this is a tough subject. too personally, and tell your own stories like this, i cannot express to you how powerful that is. both of you, what you're doing now trying to figure out how you would even afford a car ride, the fact that you want to teach children and spend your life helping young people. ...
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in a world that you two shows a heroism and compassion and grace that is extraordinary. on behalf of everybody, thank you. we are grateful for everything that you all have shared with us shared with me on both sides of this is an issue as we saw with senators past has a lot of bipartisan concern. i'm hopeful we can make advances by coming together on the ground for things that are plain and obvious. before i close out, a manned --
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>> you should turn on your mike. >> i want to join senator booker for joining you. you have become visible. it is a real part of punishment. to have that loss of any kind of privacy be accompanied by the subject to violence and impunity , that is outrageous. by you speaking out, it is still in her tent. you know how vulnerable you are and there is no justification whatsoever for the state to allow people around you to have this towards you. i am really grateful to senator
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booker. these are issues we don't pay the attention to that we should. it is the power of the state to impose the punishment. protect people from impunity. your presence here is very helpful in reminding us of our obligation. thank you. >> thank you, senator, so much. i will now just read this as my staff has given it to me. i would like to submit into the record statement submitted by the members of public to this subcommittee. statements from individuals impacted by the harmful sexual violence environment in california. their names are darlene baker, -- jasmine, gould dena, waterloo bay, sabrina taylor and jaylen
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on behalf of her mother. kendra drysdale is a former employee. these statements contain present stories of sexual assault by those who are charged with keeping them safe for their vulnerability. strengthened by their courage in our fight to end sexual violence in prisons. i would like to submit from organizations that encourage further action to end sexual violence, the california coalition for women prisoners, right on crime and organization that i partnered with often and waterloo bay smallwood. i now would like to -- thank you very much. just read the closing. again, my gratitude to senator cotten and his staff. senator kennedy and his staff.
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most sincerely thank you again to all the subcommittee members and most importantly, to the witnesses. many of you have traveled a great distance to come here and testify. i want to remind the members of the subcommittee, some really good ones towards the end are due a week from today. wednesday, october 2 at 5:00 p.m. i asked the witnesses to respond to those questions in a timely manner as thoroughly as each and every one of you would like. with that and my deepest gratitude to every single one of you, this meeting is adjourned.
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