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Memorandum of Understanding (C-50-14-028-M-00) THIS MEMORANDUM OF UNDERSTANDING made this ____ of October, 2013 by and between Maricopa County, a political subdivision of the State of Arizona, by and through the Maricopa County Sheriff's Office, an agency within Maricopa County, "AGENCY," and Silent Witness, a 501(c)(3) non-profit organization, and member of both Crime Stoppers USA and Crime Stoppers International, created to give citizens the opportunity to assist law enforcement in solving crimes, "PROGRAM." WHEREAS the AGENCY and PROGRAM want to establish a formal understanding that outlines the framework of their relationship, this MEMORANDUM OF UNDERSTANDING, "MEMORANDUM," describes the basic terms, conditions, services, rights, duties and obligations of each party. This is a non-financial MEMORANDUM. I. PURPOSE The purpose of this Memorandum is to provide inmates housed at the Maricopa County Sheriff’s jail facilities the ability to report acts of sexual abuse and sexual harassment, retaliation by other inmates or staff against themselves, or others to an independent THIRD PARTY (Silent Witness) that is not the Agency, nor a member, employee or department of the Agency, as an alternative to personally reporting allegations to Agency employees or medical personnel, in compliance with the Prison Rape Elimination Act (PREA) of 2003 (Pub. L. 108-79, Sept. 4, 2003, 117 Stat. 972 (42 U.S.C. 15601 et seq.; 28 CFR Part 115) II. TERM This MEMORANDUM is effective upon signature of all parties and can be terminated with or without cause with 30 days' notice. Silent Witness (Third Party) AGENCY: Sergeant Darren Burch Maricopa County Sheriff's Office Silent Witness Coordinator Lieutenant Rich Kabel 620 W. Washington Street Bureau Hearing Unit Phoenix, Arizona 85003 602-876-7706 602-534-8536 R_Kabel@mcso.maricopa.gov darren.burch@phoenix.gov III. RESPONSIBILITIES A. The AGENCY (Maricopa County Sheriff's Office) will: 1. Provide access to telephones to allow inmates to be able to report any type of sexual abuse or sexual harassment incidents to a THIRD PARTY that is not part of the Agency. [1] 2. Establish a method whereby reports of sexual abuse and sexual harassment can be received by a third party. 3. Distribute publicly, information and instructions concerning reporting sexual abuse and sexual harassment on behalf of an inmate. 4. Ensure that all allegations are thoroughly investigated in accordance with the PREA Standards. B. The PROGRAM, SILENT WITNESS, acting as third party, will: 1. Obtain basic information from an MCSO inmate caller, to include their name and identifying information, for the sole purpose to forward that “tip” to mcso.silentwitness.asa@mcso.maricopa.gov.* 2. Perform the service in B.1., above free of charge to the AGENCY. *This tip is not a criminal report or even an initial disclosure, as it is part of a “tip” and will be forwarded to the MARICOPA COUNTY SHERIFF’S OFFICE for the formal disclosure process and initial reporting. Any member of the public may also contact SILENT WITNESS and make the inmate’s allegation known so that the information can be passed on to jail personnel. SILENT WITNESS MARICOPA COUNTY By: By: ___________________________ ____________________________ Name Andrew Kunasek, Chairman Board of Supervisors ___________________________ Title ____________________________ Date ___________________________ Date Attest: MARICOPA COUNTY SHERIFF _____________________________ By: Fran McCarroll, Clerk of the Board __________________________ Date: ________________________ Michael G. Olson Chief, Custody Command Approved as to Form: _____________________________ __________________________ Maricopa County Attorney Date _____________________________ Date [2]