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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 21:21:2.0.1.1.15.0.1.1 | 21 | Food and Drugs | I | B | 115 | PART 115—SHELL EGGS | § 115.50 Refrigeration of shell eggs held for retail distribution. | FDA | [65 FR 76112, Dec. 5, 2000, as amended at 82 FR 14145, Mar. 17, 2017; 85 FR 16552, Mar. 24, 2020] | (a) For purposes of this section a “retail establishment” is an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption directly to consumers. (b) Except as provided in paragraph (c) of this section, all shell eggs, whether in intrastate or interstate commerce, held for retail distribution: (1) Shall promptly be placed under refrigeration as specified in paragraph (b)(2) of this section upon receipt at a retail establishment, except that, when short delays are unavoidable, the eggs shall be placed under refrigeration, as soon as reasonably possible; and (2) Shall be stored and displayed under refrigeration at an ambient temperature not greater than 7.2 °C (45 °F) while held at a retail establishment. (c) Shell eggs that have been specifically processed to destroy all viable Salmonella shall be exempt from the requirements of paragraph (b) of this section. (d) Under sections 311 and 361 of the Public Health Service Act (PHS Act), any State or locality that is willing and able to assist the agency in the enforcement of paragraph (b) of this section, and is authorized to inspect or regulate retail establishments, may, in its own jurisdiction, enforce paragraph (b) of this section through inspections under paragraph (f) of this section and through administrative enforcement remedies identified in paragraph (e) of this section until FDA notifies the State or locality in writing that such assistance is no longer needed. When providing assistance under paragraph (e) of this section, a State or locality may follow the hearing procedures set out in paragraphs (e)(2)(iii) through (e)(2)(iv) of this section, substituting, where necessary, appropriate State or local officials for designated FDA officials or may utilize State or local hearing procedures if such procedures satisfy due process. (e) This section is established under authority of both the Federal Food, Drug, and Cosmetic Act (the act) and the PHS Act. Under the act, the agency can enforce the food adulter… | |||||
| 24:24:1.2.1.1.7.1.67.1 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | A | Subpart A—General | § 115.100 Definitions. | HUD | (a) The terms “Fair Housing Act,” “HUD,” and “the Department,” as used in this part, are defined in 24 CFR 5.100. (b) The terms “aggrieved person,” “complainant,” “conciliation,” “conciliation agreement,” “discriminatory housing practice,” “dwelling,” “handicap,” “person,” “respondent,” “secretary,” and “state,” as used in this part, are defined in Section 802 of the Fair Housing Act (42 U.S.C. 3602). (c) Other definitions. The following definitions also apply to this part: Act means the Fair Housing Act, as defined in 24 CFR 5.100. Assistant Secretary means the Assistant Secretary for Fair Housing and Equal Opportunity. Certified agency is an agency that has been granted certification by the Assistant Secretary in accordance with the requirements of this part. Cooperative agreement is the instrument HUD will use to provide funds. The Cooperative Agreement includes attachments and/or appendices establishing requirements relating to the operation and performance of the agency. Cooperative agreement officer (CAO) is the administrator of the funds awarded pursuant to this part and is a regional director of the Office of Fair Housing and Equal Opportunity. Dual-filed complaint means a housing discrimination complaint that has been filed with both HUD and the agency that has been granted interim certification or certification by the Assistant Secretary. FHAP means the Fair Housing Assistance Program. FHEO means HUD's Office of Fair Housing and Equal Opportunity. FHEO regional director means a regional director of the Office of Fair Housing and Equal Opportunity. Fair housing law or Law refers to both state fair housing laws and local fair housing laws. Final administrative disposition means an agency's completion of a case following a reasonable cause finding, including, but not limited to, an agency-approved settlement or a final, administrative decision issued by commissioners, hearing officers or administrative law judges. Final administrative disposition does not include dispositions in… | |||||
| 24:24:1.2.1.1.7.1.67.2 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | A | Subpart A—General | § 115.101 Program administration. | HUD | (a) Authority and responsibility. The Secretary has delegated the authority and responsibility for administering this part to the Assistant Secretary. (b) Delegation of Authority. The Assistant Secretary retains the right to make final decisions concerning the granting and withdrawal of substantial equivalency interim certification and certification. The Assistant Secretary delegates the authority and responsibility for administering the remainder of this part to the FHEO regional director. This includes assessing the performance of interim and certified agencies as described in § 115.206. This also includes the offering of a Performance Improvement Plan (PIP) as described in § 115.210 and the suspension of interim certification or certification due to performance deficiencies as described in § 115.210. | |||||
| 24:24:1.2.1.1.7.1.67.3 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | A | Subpart A—General | § 115.102 Public notices. | HUD | (a) Periodically, the Assistant Secretary will publish the following public notices in the Federal Register : (1) A list of all interim and certified agencies; and (2) A list of agencies to which a withdrawal of interim certification or certification has been proposed. (b) On an annual basis, the Assistant Secretary may publish in the Federal Register a notice that identifies all agencies that have received interim certification during the prior year. The notice will invite the public to comment on the state and local laws of the new interim agencies, as well as on the performance of the agencies in enforcing their laws. All comments will be considered before a final decision on certification is made. | |||||
| 24:24:1.2.1.1.7.2.67.1 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.200 Purpose. | HUD | This subpart implements section 810(f) of the Fair Housing Act. The purpose of this subpart is to set forth: (a) The basis for agency interim certification and certification; (b) Procedures by which a determination is made to grant interim certification or certification; (c) How the Department will evaluate the performance of an interim and certified agency; (d) Procedures that the Department will utilize when an interim or certified agency performs deficiently; (e) Procedures that the Department will utilize when there are changes limiting the effectiveness of an interim or certified agency's law; (f) Procedures for renewal of certification; and (g) Procedures when an agency requests interim certification or certification after a withdrawal. | |||||
| 24:24:1.2.1.1.7.2.67.10 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.209 Technical assistance. | HUD | (a) The Assistant Secretary, through the FHEO regional office, may provide technical assistance to the interim and certified agencies at any time. The agency may request such technical assistance or the FHEO regional office may determine the necessity for technical assistance and require the agency's cooperation and participation. (b) The Assistant Secretary, through FHEO headquarters or regional staff, will require that the agency participate in training conferences and seminars that will enhance the agency's ability to process complaints alleging discriminatory housing practices. | |||||
| 24:24:1.2.1.1.7.2.67.11 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.210 Performance deficiency procedures; Suspension; Withdrawal. | HUD | (a) HUD may utilize the following performance deficiency procedures if it determines at any time that the agency does not meet one or more of the performance standards enumerated in § 115.206. The performance deficiency procedures may be applied to agencies with either interim certification or certification. If an agency fails to meet performance standard 7, HUD may bypass the technical assistance performance deficiency procedure and proceed to the PIP. (1) Technical assistance. After discovering the deficiency, the FHEO regional office should immediately inform the agency and provide the agency with technical assistance. (2) Performance improvement plan. If, following technical assistance, the agency does not bring its performance into compliance with § 115.206 within a time period identified by the FHEO regional director, the FHEO regional director may offer the agency a PIP. (i) The PIP will outline the agency's performance deficiencies, identify the necessary corrective actions, and include a timetable for completion. (ii) If the agency receives a PIP, funding under the FHAP may be suspended for the duration of the PIP. (iii) Once the agency has implemented the corrective actions to eliminate the deficiencies, and such corrective actions are accepted by the FHEO regional director, funding may be restored. (iv) The FHEO regional office may provide the agency with technical assistance during the period of the PIP, if appropriate. (b) Suspension. If the agency does not agree to implement the PIP or does not implement the corrective actions identified in the PIP within the time allotted, then the FHEO regional director may suspend the agency's interim certification or certification. (1) The FHEO regional director shall notify the agency in writing of the specific reasons for the suspension and provide the agency with an opportunity to respond within 30 days. (2) Suspension shall not exceed 180 days. (3) During the period of suspension, HUD will not refer complaints to the agency. (4) If an agency… | |||||
| 24:24:1.2.1.1.7.2.67.12 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.211 Changes limiting effectiveness of agency's law; Corrective actions; Suspension; Withdrawal; Consequences of repeal; Changes not limiting effectiveness. | HUD | (a) Changes limiting effectiveness of agency's law. (1) If a state or local fair housing law that HUD has previously deemed substantially equivalent to the Act is amended; or rules or procedures concerning the fair housing law are adopted; or judicial or other authoritative interpretations of the fair housing law are issued, the interim-certified or certified agency must inform the Assistant Secretary of such amendment, adoption, or interpretation within 60 days of its discovery. (2) The requirements of this section shall apply equally to the amendment, adoption, or interpretation of any related law that bears on any aspect of the effectiveness of the agency's fair housing law. (3) The Assistant Secretary may conduct a review to determine if the amendment, adoption, or interpretation limits the effectiveness of the interim agency's fair housing law. (b) Corrective actions. (1) If the review indicates that the agency's law no longer meets the criteria identified in § 115.204, the Assistant Secretary will so notify the agency in writing. Following notification, HUD may take appropriate actions, including, but not limited to, any or all of the following: (i) Declining to refer some or all complaints to the agency unless and until the fair housing law meets the criteria identified in § 115.204; (ii) Electing not to provide payment for complaints processed by the agency unless and until the fair housing law meets the criteria identified in § 115.204; (iii) Providing technical assistance and/or guidance to the agency to assist the agency in curing deficiencies in its fair housing law. (2) Suspension based on changes in the law. If the corrective actions identified in paragraph (b)(1)(i) through (iii) of this section fail to bring the state or local fair housing law back into compliance with the criteria identified in § 115.204 within the timeframe identified in HUD's notification to the agency, the Assistant Secretary may suspend the agency's interim certification or certification based on changes in the l… | |||||
| 24:24:1.2.1.1.7.2.67.13 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.212 Request after withdrawal. | HUD | (a) An agency that has had its interim certification or certification withdrawn, either voluntarily or by the Department, may request substantial equivalency interim certification or certification. (b) The request shall be filed in accordance with § 115.202. (c) The Assistant Secretary shall determine whether the state or local law, on its face, provides substantive rights, procedures, remedies, and judicial review procedures for alleged discriminatory housing practices that are substantially equivalent to those provided in the federal Fair Housing Act. To meet this standard, the state or local law must meet the criteria enumerated in § 115.204. (d) Additionally, if the agency had documented performance deficiencies that contributed to the past withdrawal, then the Department shall consider the agency's performance and any steps the agency has taken to correct performance deficiencies and to prevent them from recurring in determining whether to grant interim certification or certification. The review of the agency's performance shall include HUD conducting a performance assessment in accordance with § 115.206. | |||||
| 24:24:1.2.1.1.7.2.67.2 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.201 The two phases of substantial equivalency certification. | HUD | Substantial equivalency certification is granted if the Department determines that a state or local agency enforces a law that is substantially equivalent to the Fair Housing Act with regard to substantive rights, procedures, remedies, and the availability of judicial review. The Department has developed a two-phase process of substantial equivalency certification. (a) Adequacy of Law. In the first phase, the Assistant Secretary will determine whether, on its face, the fair housing law that the agency administers provides rights, procedures, remedies, and the availability of judicial review that are substantially equivalent to those provided in the federal Fair Housing Act. An affirmative conclusion may result in the Department offering the agency interim certification. An agency must obtain interim certification prior to obtaining certification. (b) Adequacy of Performance. In the second phase, the Assistant Secretary will determine whether, in operation, the fair housing law that the agency administers provides rights, procedures, remedies, and the availability of judicial review that are substantially equivalent to those provided in the federal Fair Housing Act. An affirmative conclusion will result in the Department offering the agency certification. | |||||
| 24:24:1.2.1.1.7.2.67.3 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.202 Request for interim certification. | HUD | (a) A request for interim certification under this subpart shall be filed with the Assistant Secretary by the state or local official having principal responsibility for the administration of the state or local fair housing law. The request shall be supported by the text of the jurisdiction's fair housing law, the law creating and empowering the agency, all laws referenced in the jurisdiction's fair housing law, any regulations and directives issued under the law, and any formal opinions of the State Attorney General or the chief legal officer of the jurisdiction that pertain to the jurisdiction's fair housing law. A request shall also include organizational information of the agency responsible for administering and enforcing the law. (b) The request and supporting materials shall be filed with the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-2000. The Assistant Secretary shall forward a copy of the request and supporting materials to the appropriate FHEO regional director. A copy of the request and supporting materials will be kept available for public examination and copying at: (1) The office of the Assistant Secretary; and (2) The office of the state or local agency charged with administration and enforcement of the state or local fair housing law. (c) Upon receipt of a request, HUD will analyze the agency's fair housing law to determine whether it meets the criteria identified in § 115.204. (d) HUD shall review a request for interim certification from a local agency located in a state with an interim certified or certified substantially equivalent state agency. However, in the request for interim certification, the local agency must certify that the substantially equivalent state law does not prohibit the local agency from administering and enforcing its own fair housing law within the locality. | |||||
| 24:24:1.2.1.1.7.2.67.4 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.203 Interim certification procedures. | HUD | (a) Upon receipt of a request for interim certification filed under § 115.202, the Assistant Secretary may request further information necessary for a determination to be made under this section. The Assistant Secretary may consider the relative priority given to fair housing administration, as compared to the agency's other duties and responsibilities, as well as the compatibility or potential conflict of fair housing objectives with these other duties and responsibilities. (b) If the Assistant Secretary determines, after application of the criteria set forth in § 115.204, that the state or local law, on its face, provides substantive rights, procedures, remedies, and judicial review procedures for alleged discriminatory housing practices that are substantially equivalent to those provided in the Act, the Assistant Secretary may offer to enter into an Agreement for the Interim Referral of Complaints and Other Utilization of Services (interim agreement). The interim agreement will outline the procedures and authorities upon which the interim certification is based. (c) Such interim agreement, after it is signed by all appropriate signatories, will result in the agency receiving interim certification. Appropriate signatories include the Assistant Secretary, the FHEO regional director, and the state or local official having principal responsibility for the administration of the state or local fair housing law. (d) Interim agreements shall be for a term of no more than three years. (e) All regulations, rules, directives, and/or opinions of the State Attorney General or the jurisdiction's chief legal officer that are necessary for the law to be substantially equivalent on its face must be enacted and effective in order for the Assistant Secretary to offer the agency an interim agreement. (f) Interim certification required prior to certification. An agency is required to obtain interim certification prior to obtaining certification. | |||||
| 24:24:1.2.1.1.7.2.67.5 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.204 Criteria for adequacy of law. | HUD | (a) In order for a determination to be made that a state or local fair housing agency administers a law, which, on its face, provides rights and remedies for alleged discriminatory housing practices that are substantially equivalent to those provided in the Act, the law must: (1) Provide for an administrative enforcement body to receive and process complaints and provide that: (i) Complaints must be in writing; (ii) Upon the filing of a complaint, the agency shall serve notice upon the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided under the law; (iii) Upon the filing of a complaint, the agency shall promptly serve notice on the respondent or person charged with the commission of a discriminatory housing practice advising of his or her procedural rights and obligations under the statute or ordinance, together with a copy of the complaint; (iv) A respondent may file an answer to a complaint. (2) Delegate to the administrative enforcement body comprehensive authority, including subpoena power, to investigate the allegations of complaints, and power to conciliate complaints, and require that: (i) The agency commences proceedings with respect to the complaint before the end of the 30th day after receipt of the complaint; (ii) The agency investigates the allegations of the complaint and complete the investigation within the timeframe established by section 810(a)(1)(B)(iv) of the Act or comply with the notification requirements of section 810(a)(1)(C) of the Act; (iii) The agency make final administrative disposition of a complaint within one year of the date of receipt of a complaint, unless it is impracticable to do so. If the agency is unable to do so, it shall notify the parties, in writing, of the reasons for not doing so; (iv) Any conciliation agreement arising out of conciliation efforts by the agency shall be an agreement between the respondent, the complainant, and the agency and shall require the approval of the agency; (v) Each c… | |||||
| 24:24:1.2.1.1.7.2.67.6 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.205 Certification procedures. | HUD | (a) Certification. (1) If the Assistant Secretary determines, after application of criteria set forth in §§ 115.204, 115.206, and this section, that the state or local law, both “on its face” and “in operation,” provides substantive rights, procedures, remedies, and judicial review procedures for alleged discriminatory housing practices that are substantially equivalent to those provided in the Act, the Assistant Secretary may enter into a Memorandum of Understanding (MOU) with the agency. (2) The MOU is a written agreement providing for the referral of complaints to the agency and for communication procedures between the agency and HUD that are adequate to permit the Assistant Secretary to monitor the agency's continuing substantial equivalency certification. (3) The MOU, after it is signed by all appropriate signatories, may authorize an agency to be a certified agency for a period of not more than five years. Appropriate signatories include the Assistant Secretary, the FHEO regional director, and the authorized employee(s) of the agency. (b) In order to receive certification, during the 60 days prior to the expiration of the agency's interim agreement, the agency must certify to the Assistant Secretary that the state or local fair housing law, “on its face,” continues to be substantially equivalent to the Act (i.e., there have been no amendments to the state or local fair housing law, adoption of rules or procedures concerning the fair housing law, or judicial or other authoritative interpretations of the fair housing law that limit the effectiveness of the agency's fair housing law). | |||||
| 24:24:1.2.1.1.7.2.67.7 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.206 Performance assessments; Performance standards. | HUD | (a) Frequency of on-site performance assessment during interim certification. The Assistant Secretary, through the appropriate FHEO regional office, may conduct an on-site performance assessment not later than six months after the execution of the interim agreement. An on-site performance assessment may also be conducted during the six months immediately prior to the expiration of the interim agreement. HUD has the discretion to conduct additional performance assessments during the period of interim certification, as it deems necessary. (b) Frequency of on-site performance assessment during certification. During certification, the Assistant Secretary through the FHEO regional office, may conduct on-site performance assessments every 24 months. HUD has the discretion to conduct additional performance assessments during the period of certification, as it deems necessary. (c) In conducting the performance assessment, the FHEO regional office shall determine whether the agency engages in timely, comprehensive, and thorough fair housing complaint investigation, conciliation, and enforcement activities. In the performance assessment report, the FHEO regional office may recommend to the Assistant Secretary whether the agency should continue to be interim certified or certified. In conducting the performance assessment, the FHEO regional office shall also determine whether the agency is in compliance with the requirements for participation in the FHAP enumerated in §§ 115.307, 115.308, 115.309, 115.310, and 115.311 of this part. In the performance assessment report, the FHEO regional office shall identify whether the agency meets the requirements of §§ 115.307, 115.308, 115.309, 115.310, and 115.311 of this part, and, therefore, should continue receiving funding under the FHAP. (d) At a minimum, the performance assessment will consider the following to determine the effectiveness of an agency's fair housing complaint processing, consistent with such guidance as may be issued by HUD: (1) The agency's case processi… | |||||
| 24:24:1.2.1.1.7.2.67.8 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.207 Consequences of interim certification and certification. | HUD | (a) Whenever a complaint received by the Assistant Secretary alleges violations of a fair housing law administered by an agency that has been interim certified or certified as substantially equivalent, the complaint will be referred to the agency, and no further action shall be taken by the Assistant Secretary with respect to such complaint except as provided for by the Act, this part, 24 CFR part 103, subpart C, and any written agreements executed by the Agency and the Assistant Secretary. HUD shall make referrals to interim certified and certified local agencies in accordance with this section even when the local agency is located in a state with an interim certified or certified state agency. (b) If HUD determines that a complaint has not been processed in a timely manner in accordance with the performance standards set forth in § 115.206, HUD may reactivate the complaint, conduct its own investigation and conciliation efforts, and make a determination consistent with 24 CFR part 103. (c) Notwithstanding paragraph (a) of this section, whenever the Assistant Secretary has reason to believe that a complaint demonstrates a basis for the commencement of proceedings against any respondent under section 814(a) of the Act or for proceedings by any governmental licensing or supervisory authorities, the Assistant Secretary shall transmit the information upon which such belief is based to the Attorney General, federal financial regulatory agencies, other federal agencies, or other appropriate governmental licensing or supervisory authorities. | |||||
| 24:24:1.2.1.1.7.2.67.9 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | B | Subpart B—Certification of Substantially Equivalent Agencies | § 115.208 Procedures for renewal of certification. | HUD | (a) If the Assistant Secretary affirmatively concludes that the agency's law and performance have complied with the requirements of this part in each of the five years of certification, the Assistant Secretary may renew the certification of the agency. (b) In determining whether to renew the certification of an agency, the Assistant Secretary's review may include, but is not limited to: (1) Performance assessments of the agency conducted by the Department during the five years of certification; (2) The agency's own certification that the state or local fair housing law continues to be substantially equivalent both “on its face” and “in operation;” (i.e., there have been no amendments to the state or local fair housing law, adoption of rules or procedures concerning the fair housing law, or judicial or other authoritative interpretations of the fair housing law that limit the effectiveness of the agency's fair housing law); and (3) Any and all public comments regarding the relevant state and local laws and the performance of the agency in enforcing the law. (c) If the Assistant Secretary decides to renew an agency's certification, the Assistant Secretary will offer the agency either a new MOU or an Addendum to the Memorandum of Understanding (addendum). The new MOU or addendum will extend and update the MOU between HUD and the agency. (d) The new MOU or addendum, when signed by all appropriate signatories, will result in the agency's certification being renewed for five years from the date on which the previous MOU was to expire. Appropriate signatories include the Assistant Secretary, the FHEO regional director, and the authorized employee(s) of the agency. (e) The provisions of this section may be applied to an agency that has an expired MOU or an expired addendum. | |||||
| 24:24:1.2.1.1.7.3.67.1 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.300 Purpose. | HUD | The purpose of the Fair Housing Assistance Program (FHAP) is to provide assistance and reimbursement to state and local fair housing enforcement agencies. The intent of this funding program is to build a coordinated intergovernmental enforcement effort to further fair housing and to encourage the agencies to assume a greater share of the responsibility for the administration and enforcement of fair housing laws. The financial assistance is designed to provide support for: (a) The processing of dual-filed complaints; (b) Training under the Fair Housing Act and the agencies' fair housing law; (c) The provision of technical assistance; (d) The creation and maintenance of data and information systems; and (e) The development and enhancement of fair housing education and outreach projects, special fair housing enforcement efforts, fair housing partnership initiatives, and other fair housing projects. | |||||
| 24:24:1.2.1.1.7.3.67.10 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.309 Subcontracting under the FHAP. | HUD | If an agency subcontracts to a public or private organization any activity for which the organization will receive FHAP funds, the agency must ensure and certify in writing that the organization is: (a) Using services, facilities, and electronic information technologies that are accessible in accordance with the Americans with Disability Act (ADA) (42 U.S.C. 12101), Section 504 of the 1973 Rehabilitation Act (29 U.S.C. 701), and Section 508(a)(1) of the Rehabilitation Act amendments of 1998; (b) Complying with the standards of Section 3 of the Housing and Urban Development Act of 1968 (42 U.S.C. 1441); (c) Affirmatively furthering fair housing in the provision of housing and housing-related services; and (d) Not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal debarment or agency. | |||||
| 24:24:1.2.1.1.7.3.67.11 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.310 FHAP and the First Amendment. | HUD | None of the funding made available under the FHAP may be used to investigate or prosecute any activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that may be protected by the First Amendment of the United States Constitution. HUD guidance is available that sets forth the procedures HUD will follow when it is asked to accept and dual-file a case that may implicate the First Amendment of the United States Constitution. | |||||
| 24:24:1.2.1.1.7.3.67.12 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.311 Testing. | HUD | [72 FR 19074, Apr. 16, 2007, as amended at 89 FR 22942, Apr. 3, 2024] | The following requirements apply to testing activities funded under the FHAP: (a) The testing must be done in accordance with a HUD-approved testing methodology; (b) Testers must receive training or be experienced in testing procedures and techniques. (c) Testers and the organizations conducting tests, and the employees and agents of these organizations may not: (1) Have an economic interest in the outcome of the test, without prejudice to the right of any person or entity to recover damages for any cognizable injury; (2) Be a relative or acquaintance of any party in a case; (3) Have had any employment or other affiliation, within five years, with the person or organization to be tested; or (4) Be a competitor of the person or organization to be tested in the listing, rental, sale, or financing of real estate. | ||||
| 24:24:1.2.1.1.7.3.67.2 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.301 Agency eligibility criteria; Funding availability. | HUD | An agency with certification or interim certification under subpart B of this part, and which has entered into a MOU or interim agreement, is eligible to participate in the FHAP. All FHAP funding is subject to congressional appropriation. | |||||
| 24:24:1.2.1.1.7.3.67.3 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.302 Capacity building funds. | HUD | (a) Capacity building (CB) funds are funds that HUD may provide to an agency with interim certification. (b) CB funds will be provided in a fixed annual amount to be utilized for the eligible activities established pursuant to § 115.303. When the fixed annual amount will not adequately compensate an agency in its first year of participation in the FHAP due to the large number of fair housing complaints that the agency reasonably anticipates processing, HUD may provide the agency with additional funds. (c) HUD may provide CB funds during an agency's first three years of participation in the FHAP. However, in the second and third year of the agency's participation in the FHAP, HUD has the option to permit the agency to receive contribution funds under § 115.304, instead of CB funds. (d) In order to receive CB funding, agencies must submit a statement of work prior to the signing of the cooperative agreement. The statement of work must identify: (1) The objectives and activities to be carried out with the CB funds received; (2) A plan for training all of the agency's employees involved in the administration of the agency's fair housing law; (3) A statement of the agency's intention to participate in HUD-sponsored training in accordance with the training requirements set out in the cooperative agreement; (4) A description of the agency's complaint processing data and information system, or, alternatively, whether the agency plans to use CB funds to purchase and install a data system; (5) A description of any other fair housing activities that the agency will undertake with its CB funds. All such activities must address matters affecting fair housing enforcement that are cognizable under the Fair Housing Act. Any activities that do not address the implementation of the agency's fair housing law, and that are therefore not cognizable under the Fair Housing Act, will be disapproved. | |||||
| 24:24:1.2.1.1.7.3.67.4 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.303 Eligible activities for capacity building funds. | HUD | The primary purposes of capacity-building funding are to provide for complaint activities and to support activities that produce increased awareness of fair housing rights and remedies. All such activities must support the agency's administration and enforcement of its fair housing law and address matters affecting fair housing that are cognizable under the Fair Housing Act. | |||||
| 24:24:1.2.1.1.7.3.67.5 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.304 Agencies eligible for contributions funds. | HUD | (a) An agency that has received CB funds for one to three consecutive years may be eligible for contributions funding. Contributions funding consists of five categories: (1) Complaint processing (CP) funds; (2) Special enforcement effort (SEE) funds (see § 115.305); (3) Training funds (see § 115.306); (4) Administrative cost (AC) funds; and (5) Partnership (P) funds. (b) CP funds. (1) Agencies receiving CP funds will receive such support based solely on the number of complaints processed by the agency and accepted for payment by the FHEO regional director during a consecutive, specifically identified, 12-month period. The 12-month period will be identified in the cooperative agreement between HUD and the agency. The FHEO regional office shall determine whether or not cases are acceptably processed based on requirements enumerated in the cooperative agreement and its attachments/appendices, performance standards set forth in 24 CFR 115.206, and provisions of the interim agreement or MOU. (2) The amount of funding to agencies that are new to contributions funding will be based on the number of complaints acceptably processed by the agency during the specifically identified 12-month period preceding the signing of the cooperative agreement. (c) AC funds. (1) Agencies that acceptably process 100 or more cases will receive no less than 10 percent of the agency's total FHAP payment amount for the preceding year, in addition to CP funds, contingent on fiscal year appropriations. Agencies that acceptably process fewer than 100 cases will receive a flat rate, contingent on fiscal year appropriations. (2) Agencies will be required to provide HUD with a statement of how they intend to use the AC funds. HUD may require that some or all AC funding be directed to activities designed to create, modify, or improve local, regional, or national information systems concerning fair housing matters (including the purchase of state-of-the-art computer systems, obtaining and maintaining Internet access, etc.). (d) P fund… | |||||
| 24:24:1.2.1.1.7.3.67.6 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.305 Special enforcement effort (SEE) funds. | HUD | (a) SEE funds are funds that HUD may provide to an agency to enhance enforcement activities of the agency's fair housing law. SEE funds will be a maximum of 20 percent of the agency's total FHAP cooperative agreement for the previous contract year, based on approval of eligible activity or activities, and contingent upon the appropriation of funds. All agencies receiving contributions funds are eligible to receive SEE funds if they meet three of the six criteria set out in paragraphs (a)(1) through (a)(6) of this section: (1) The agency enforced a subpoena or made use of its prompt judicial action authority within the past year; (2) The agency has held at least one administrative hearing or has had at least one case on a court's docket for civil proceedings during the past year; (3) At least ten percent of the agency's fair housing caseload resulted in written conciliation agreements providing monetary relief for the complainant as well as remedial action, monitoring, reporting, and public interest relief provisions; (4) The agency has had in the most recent three years, or is currently engaged in, at least one major fair housing systemic investigation requiring an exceptional amount of funds expenditure; (5) The agency's administration of its fair housing law received meritorious mention for its fair housing complaint processing or other fair housing activities that were innovative. The meritorious mention criterion may be met by an agency's successful fair housing work being identified and/or published by a reputable source. Examples of meritorious mention include, but are not limited to: (i) An article in a minority newspaper or a newspaper of general circulation that identifies the agency's role in the successful resolution of a housing discrimination complaint; (ii) A letter from a sponsoring organization of a fair housing conference or symposium that identifies the agency's successful participation and presentation at the conference or symposium; (iii) A letter of praise, proclamation, or other form… | |||||
| 24:24:1.2.1.1.7.3.67.7 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.306 Training funds. | HUD | (a) All agencies, including agencies that receive CB funds, are eligible to receive training funds. Training funds are fixed amounts based on the number of agency employees to be trained. Training funds shall be allocated based on the FHAP appropriation. Training funds may be used only for HUD-approved or HUD-sponsored training. Agency-initiated training or other formalized training may be included in this category. However, such training must first be approved by the CAO and the GTR. Specifics on the amount of training funds that an agency will receive and, if applicable, amounts that may be deducted, will be set out in the cooperative agreement each year. (b) Each agency must send staff to mandatory FHAP training sponsored by HUD, including, but not necessarily limited to, the National Fair Housing Training Academy and the National Fair Housing Policy Conference. If the agency does not participate in mandatory HUD-approved and HUD-sponsored training, training funds will be deducted from the agency's overall training amount. All staff of the agency responsible for the administration and enforcement of the fair housing law must participate in HUD-approved or HUD-sponsored training each year. | |||||
| 24:24:1.2.1.1.7.3.67.8 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.307 Requirements for participation in the FHAP; Corrective and remedial action for failing to comply with requirements. | HUD | (a) Agencies that participate in the FHAP must meet the requirements enumerated in this section. The FHEO regional office shall review the agency's compliance with the requirements of this section when it conducts on-site performance assessments in accordance with § 115.206. The requirements for participation in the FHAP are as follows: (1) The agency must conform to all reporting and record maintenance requirements set forth in § 115.308, as well as any additional reporting and record maintenance requirements identified by the Assistant Secretary. (2) The agency must agree to on-site technical assistance and guidance and implementation of corrective actions set out by the Department in response to deficiencies found during the technical assistance or performance assessment evaluations of the agency's operations. (3) The agency must use the Department's official complaint data information system and must input all relevant data and information into the system in a timely manner. (4) The agency must agree to implement and adhere to policies and procedures (as the agency's laws allow) provided to the agency by the Assistant Secretary, including, but not limited to, guidance on investigative techniques, case file preparation and organization, and implementation of data elements for complaint tracking. (5) If an agency that participates in the FHAP enforces antidiscrimination laws other than a fair housing law (e.g., administration of a fair employment law), the agency must annually provide a certification to HUD stating that it spends at least 20 percent of its total annual budget on fair housing activities. The term “total annual budget,” as used in this subsection, means the entire budget assigned by the jurisdiction to the agency for enforcing and administering antidiscrimination laws, but does not include FHAP funds. (6) The agency may not co-mingle FHAP funds with other funds. FHAP funds must be segregated from the agency's and the state or local government's other funds and must be used for the purpose t… | |||||
| 24:24:1.2.1.1.7.3.67.9 | 24 | Housing and Urban Development | I | 115 | PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES | C | Subpart C—Fair Housing Assistance Program | § 115.308 Reporting and recordkeeping requirements. | HUD | [72 FR 19074, Apr. 16, 2007, as amended at 80 FR 75935, Dec. 7, 2015] | (a) The agency shall establish and maintain records demonstrating: (1) Its financial administration of FHAP funds; and (2) Its performance under the FHAP. (b) The agency will provide to the FHEO regional director reports maintained pursuant to paragraph (a) of this section. The agency will provide reports to the FHEO regional director in accordance with the frequency and content requirements identified in the cooperative agreement. In addition, the agency will provide reports on the final status of complaints following reasonable cause findings, in accordance with Performance Standard 8 identified in § 115.206. (c) The agency will permit reasonable public access to its records consistent with the jurisdiction's requirements for release of information. Documents relevant to the agency's participation in the FHAP must be made available at the agency's office during normal working hours (except that documents with respect to ongoing fair housing complaint investigations are exempt from public review consistent with federal and/or state law). (d) The Secretary, Inspector General of HUD, and the Comptroller General of the United States or any of their duly authorized representatives shall have access to all pertinent books, accounts, reports, files, and other payments for surveys, audits, examinations, excerpts, and transcripts as they relate to the agency's participation in FHAP. (e) All files will be kept in such fashion as to permit audits under 2 CFR part 200, subpart F. | ||||
| 28:28:2.0.1.1.46.0.75.1 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | § 115.5 General definitions. | DOJ | For purposes of this part, the term— Agency means the unit of a State, local, corporate, or nonprofit authority, or of the Department of Justice, with direct responsibility for the operation of any facility that confines inmates, detainees, or residents, including the implementation of policy as set by the governing, corporate, or nonprofit authority. Agency head means the principal official of an agency. Community confinement facility means a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community correctional facility (including residential re-entry centers), other than a juvenile facility, in which individuals reside as part of a term of imprisonment or as a condition of pre-trial release or post-release supervision, while participating in gainful employment, employment search efforts, community service, vocational training, treatment, educational programs, or similar facility-approved programs during nonresidential hours. Contractor means a person who provides services on a recurring basis pursuant to a contractual agreement with the agency. Detainee means any person detained in a lockup, regardless of adjudication status. Direct staff supervision means that security staff are in the same room with, and within reasonable hearing distance of, the resident or inmate. Employee means a person who works directly for the agency or facility. Exigent circumstances means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility. Facility means a place, institution, building (or part thereof), set of buildings, structure, or area (whether or not enclosing a building or set of buildings) that is used by an agency for the confinement of individuals. Facility head means the principal official of a facility. Full compliance means compliance with all material requirements of each standard except for de minimis v… | |||||||
| 28:28:2.0.1.1.46.0.75.2 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | § 115.6 Definitions related to sexual abuse. | DOJ | For purposes of this part, the term— Sexual abuse includes— (1) Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident; and (2) Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer. Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse: (1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) Contact between the mouth and the penis, vulva, or anus; (3) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and (4) Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation. Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the inmate, detainee, or resident: (1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) Contact between the mouth and the penis, vulva, or anus; (3) Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (4) Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (5) Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff mem… | |||||||
| 28:28:2.0.1.1.46.1.75.1 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA coordinator. | DOJ | (a) An agency shall have a written policy mandating zero tolerance toward all forms of sexual abuse and sexual harassment and outlining the agency's approach to preventing, detecting, and responding to such conduct. (b) An agency shall employ or designate an upper-level, agency-wide PREA coordinator with sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards in all of its facilities. (c) Where an agency operates more than one facility, each facility shall designate a PREA compliance manager with sufficient time and authority to coordinate the facility's efforts to comply with the PREA standards. | |||||
| 28:28:2.0.1.1.46.1.75.2 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.12 Contracting with other entities for the confinement of inmates. | DOJ | (a) A public agency that contracts for the confinement of its inmates with private agencies or other entities, including other government agencies, shall include in any new contract or contract renewal the entity's obligation to adopt and comply with the PREA standards. (b) Any new contract or contract renewal shall provide for agency contract monitoring to ensure that the contractor is complying with the PREA standards. | |||||
| 28:28:2.0.1.1.46.1.75.3 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.13 Supervision and monitoring. | DOJ | (a) The agency shall ensure that each facility it operates shall develop, document, and make its best efforts to comply on a regular basis with a staffing plan that provides for adequate levels of staffing, and, where applicable, video monitoring, to protect inmates against sexual abuse. In calculating adequate staffing levels and determining the need for video monitoring, facilities shall take into consideration: (1) Generally accepted detention and correctional practices; (2) Any judicial findings of inadequacy; (3) Any findings of inadequacy from Federal investigative agencies; (4) Any findings of inadequacy from internal or external oversight bodies; (5) All components of the facility's physical plant (including “blind-spots” or areas where staff or inmates may be isolated); (6) The composition of the inmate population; (7) The number and placement of supervisory staff; (8) Institution programs occurring on a particular shift; (9) Any applicable State or local laws, regulations, or standards; (10) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and (11) Any other relevant factors. (b) In circumstances where the staffing plan is not complied with, the facility shall document and justify all deviations from the plan. (c) Whenever necessary, but no less frequently than once each year, for each facility the agency operates, in consultation with the PREA coordinator required by § 115.11, the agency shall assess, determine, and document whether adjustments are needed to: (1) The staffing plan established pursuant to paragraph (a) of this section; (2) The facility's deployment of video monitoring systems and other monitoring technologies; and (3) The resources the facility has available to commit to ensure adherence to the staffing plan. (d) Each agency operating a facility shall implement a policy and practice of having intermediate-level or higher-level supervisors conduct and document unannounced rounds to identify and deter staff sexual abuse and sexual harassment.… | |||||
| 28:28:2.0.1.1.46.1.75.4 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.14 Youthful inmates. | DOJ | (a) A youthful inmate shall not be placed in a housing unit in which the youthful inmate will have sight, sound, or physical contact with any adult inmate through use of a shared dayroom or other common space, shower area, or sleeping quarters. (b) In areas outside of housing units, agencies shall either: (1) Maintain sight and sound separation between youthful inmates and adult inmates, or (2) Provide direct staff supervision when youthful inmates and adult inmates have sight, sound, or physical contact. (c) Agencies shall make best efforts to avoid placing youthful inmates in isolation to comply with this provision. Absent exigent circumstances, agencies shall not deny youthful inmates daily large-muscle exercise and any legally required special education services to comply with this provision. Youthful inmates shall also have access to other programs and work opportunities to the extent possible. | |||||
| 28:28:2.0.1.1.46.1.75.5 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.15 Limits to cross-gender viewing and searches. | DOJ | (a) The facility shall not conduct cross-gender strip searches or cross-gender visual body cavity searches (meaning a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners. (b) As of August 20, 2015, or August 21, 2017 for a facility whose rated capacity does not exceed 50 inmates, the facility shall not permit cross-gender pat-down searches of female inmates, absent exigent circumstances. Facilities shall not restrict female inmates' access to regularly available programming or other out-of-cell opportunities in order to comply with this provision. (c) The facility shall document all cross-gender strip searches and cross-gender visual body cavity searches, and shall document all cross-gender pat-down searches of female inmates. (d) The facility shall implement policies and procedures that enable inmates to shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. Such policies and procedures shall require staff of the opposite gender to announce their presence when entering an inmate housing unit. (e) The facility shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate's genital status. If the inmate's genital status is unknown, it may be determined during conversations with the inmate, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner. (f) The agency shall train security staff in how to conduct cross-gender pat-down searches, and searches of transgender and intersex inmates, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. | |||||
| 28:28:2.0.1.1.46.1.75.6 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.16 Inmates with disabilities and inmates who are limited English proficient. | DOJ | (a) The agency shall take appropriate steps to ensure that inmates with disabilities (including, for example, inmates who are deaf or hard of hearing, those who are blind or have low vision, or those who have intellectual, psychiatric, or speech disabilities), have an equal opportunity to participate in or benefit from all aspects of the agency's efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Such steps shall include, when necessary to ensure effective communication with inmates who are deaf or hard of hearing, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. In addition, the agency shall ensure that written materials are provided in formats or through methods that ensure effective communication with inmates with disabilities, including inmates who have intellectual disabilities, limited reading skills, or who are blind or have low vision. An agency is not required to take actions that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity, or in undue financial and administrative burdens, as those terms are used in regulations promulgated under title II of the Americans With Disabilities Act, 28 CFR 35.164. (b) The agency shall take reasonable steps to ensure meaningful access to all aspects of the agency's efforts to prevent, detect, and respond to sexual abuse and sexual harassment to inmates who are limited English proficient, including steps to provide interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. (c) The agency shall not rely on inmate interpreters, inmate readers, or other types of inmate assistants except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the inmate's safety, the performance of first-response duties under § 115.64, or the inv… | |||||
| 28:28:2.0.1.1.46.1.75.7 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.17 Hiring and promotion decisions. | DOJ | (a) The agency shall not hire or promote anyone who may have contact with inmates, and shall not enlist the services of any contractor who may have contact with inmates, who— (1) Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); (2) Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or (3) Has been civilly or administratively adjudicated to have engaged in the activity described in paragraph (a)(2) of this section. (b) The agency shall consider any incidents of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contractor, who may have contact with inmates. (c) Before hiring new employees who may have contact with inmates, the agency shall: (1) Perform a criminal background records check; and (2) Consistent with Federal, State, and local law, make its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse. (d) The agency shall also perform a criminal background records check before enlisting the services of any contractor who may have contact with inmates. (e) The agency shall either conduct criminal background records checks at least every five years of current employees and contractors who may have contact with inmates or have in place a system for otherwise capturing such information for current employees. (f) The agency shall ask all applicants and employees who may have contact with inmates directly about previous misconduct described in paragraph (a) of this section in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations conducted as part of reviews of current emplo… | |||||
| 28:28:2.0.1.1.46.1.75.8 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.18 Upgrades to facilities and technologies. | DOJ | (a) When designing or acquiring any new facility and in planning any substantial expansion or modification of existing facilities, the agency shall consider the effect of the design, acquisition, expansion, or modification upon the agency's ability to protect inmates from sexual abuse. (b) When installing or updating a video monitoring system, electronic surveillance system, or other monitoring technology, the agency shall consider how such technology may enhance the agency's ability to protect inmates from sexual abuse. | |||||
| 28:28:2.0.1.1.46.1.76.10 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.22 Policies to ensure referrals of allegations for investigations. | DOJ | (a) The agency shall ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment. (b) The agency shall have in place a policy to ensure that allegations of sexual abuse or sexual harassment are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. The agency shall publish such policy on its Web site or, if it does not have one, make the policy available through other means. The agency shall document all such referrals. (c) If a separate entity is responsible for conducting criminal investigations, such publication shall describe the responsibilities of both the agency and the investigating entity. (d) Any State entity responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in prisons or jails shall have in place a policy governing the conduct of such investigations. (e) Any Department of Justice component responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in prisons or jails shall have in place a policy governing the conduct of such investigations. | |||||
| 28:28:2.0.1.1.46.1.76.9 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.21 Evidence protocol and forensic medical examinations. | DOJ | (a) To the extent the agency is responsible for investigating allegations of sexual abuse, the agency shall follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions. (b) The protocol shall be developmentally appropriate for youth where applicable, and, as appropriate, shall be adapted from or otherwise based on the most recent edition of the U.S. Department of Justice's Office on Violence Against Women publication, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative protocols developed after 2011. (c) The agency shall offer all victims of sexual abuse access to forensic medical examinations, whether on-site or at an outside facility, without financial cost, where evidentiarily or medically appropriate. Such examinations shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the examination can be performed by other qualified medical practitioners. The agency shall document its efforts to provide SAFEs or SANEs. (d) The agency shall attempt to make available to the victim a victim advocate from a rape crisis center. If a rape crisis center is not available to provide victim advocate services, the agency shall make available to provide these services a qualified staff member from a community-based organization, or a qualified agency staff member. Agencies shall document efforts to secure services from rape crisis centers. For the purpose of this standard, a rape crisis center refers to an entity that provides intervention and related assistance, such as the services specified in 42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault of all ages. The agency may utilize a rape crisis center that is part of a governmental unit as long as the center is not part of the criminal justice system (such as a law enforcement age… | |||||
| 28:28:2.0.1.1.46.1.77.11 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.31 Employee training. | DOJ | (a) The agency shall train all employees who may have contact with inmates on: (1) Its zero-tolerance policy for sexual abuse and sexual harassment; (2) How to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures; (3) Inmates' right to be free from sexual abuse and sexual harassment; (4) The right of inmates and employees to be free from retaliation for reporting sexual abuse and sexual harassment; (5) The dynamics of sexual abuse and sexual harassment in confinement; (6) The common reactions of sexual abuse and sexual harassment victims; (7) How to detect and respond to signs of threatened and actual sexual abuse; (8) How to avoid inappropriate relationships with inmates; (9) How to communicate effectively and professionally with inmates, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming inmates; and (10) How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities. (b) Such training shall be tailored to the gender of the inmates at the employee's facility. The employee shall receive additional training if the employee is reassigned from a facility that houses only male inmates to a facility that houses only female inmates, or vice versa. (c) All current employees who have not received such training shall be trained within one year of the effective date of the PREA standards, and the agency shall provide each employee with refresher training every two years to ensure that all employees know the agency's current sexual abuse and sexual harassment policies and procedures. In years in which an employee does not receive refresher training, the agency shall provide refresher information on current sexual abuse and sexual harassment policies. (d) The agency shall document, through employee signature or electronic verification, that employees understand the training they have received. | |||||
| 28:28:2.0.1.1.46.1.77.12 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.32 Volunteer and contractor training. | DOJ | (a) The agency shall ensure that all volunteers and contractors who have contact with inmates have been trained on their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. (b) The level and type of training provided to volunteers and contractors shall be based on the services they provide and level of contact they have with inmates, but all volunteers and contractors who have contact with inmates shall be notified of the agency's zero-tolerance policy regarding sexual abuse and sexual harassment and informed how to report such incidents. (c) The agency shall maintain documentation confirming that volunteers and contractors understand the training they have received. | |||||
| 28:28:2.0.1.1.46.1.77.13 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.33 Inmate education. | DOJ | (a) During the intake process, inmates shall receive information explaining the agency's zero-tolerance policy regarding sexual abuse and sexual harassment and how to report incidents or suspicions of sexual abuse or sexual harassment. (b) Within 30 days of intake, the agency shall provide comprehensive education to inmates either in person or through video regarding their rights to be free from sexual abuse and sexual harassment and to be free from retaliation for reporting such incidents, and regarding agency policies and procedures for responding to such incidents. (c) Current inmates who have not received such education shall be educated within one year of the effective date of the PREA standards, and shall receive education upon transfer to a different facility to the extent that the policies and procedures of the inmate's new facility differ from those of the previous facility. (d) The agency shall provide inmate education in formats accessible to all inmates, including those who are limited English proficient, deaf, visually impaired, or otherwise disabled, as well as to inmates who have limited reading skills. (e) The agency shall maintain documentation of inmate participation in these education sessions. (f) In addition to providing such education, the agency shall ensure that key information is continuously and readily available or visible to inmates through posters, inmate handbooks, or other written formats. | |||||
| 28:28:2.0.1.1.46.1.77.14 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.34 Specialized training: Investigations. | DOJ | (a) In addition to the general training provided to all employees pursuant to § 115.31, the agency shall ensure that, to the extent the agency itself conducts sexual abuse investigations, its investigators have received training in conducting such investigations in confinement settings. (b) Specialized training shall include techniques for interviewing sexual abuse victims, proper use of Miranda and Garrity warnings, sexual abuse evidence collection in confinement settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral. (c) The agency shall maintain documentation that agency investigators have completed the required specialized training in conducting sexual abuse investigations. (d) Any State entity or Department of Justice component that investigates sexual abuse in confinement settings shall provide such training to its agents and investigators who conduct such investigations. | |||||
| 28:28:2.0.1.1.46.1.77.15 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.35 Specialized training: Medical and mental health care. | DOJ | (a) The agency shall ensure that all full- and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in: (1) How to detect and assess signs of sexual abuse and sexual harassment; (2) How to preserve physical evidence of sexual abuse; (3) How to respond effectively and professionally to victims of sexual abuse and sexual harassment; and (4) How and to whom to report allegations or suspicions of sexual abuse and sexual harassment. (b) If medical staff employed by the agency conduct forensic examinations, such medical staff shall receive the appropriate training to conduct such examinations. (c) The agency shall maintain documentation that medical and mental health practitioners have received the training referenced in this standard either from the agency or elsewhere. (d) Medical and mental health care practitioners shall also receive the training mandated for employees under § 115.31 or for contractors and volunteers under § 115.32, depending upon the practitioner's status at the agency. | |||||
| 28:28:2.0.1.1.46.1.78.16 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.41 Screening for risk of victimization and abusiveness. | DOJ | (a) All inmates shall be assessed during an intake screening and upon transfer to another facility for their risk of being sexually abused by other inmates or sexually abusive toward other inmates. (b) Intake screening shall ordinarily take place within 72 hours of arrival at the facility. (c) Such assessments shall be conducted using an objective screening instrument. (d) The intake screening shall consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (1) Whether the inmate has a mental, physical, or developmental disability; (2) The age of the inmate; (3) The physical build of the inmate; (4) Whether the inmate has previously been incarcerated; (5) Whether the inmate's criminal history is exclusively nonviolent; (6) Whether the inmate has prior convictions for sex offenses against an adult or child; (7) Whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming; (8) Whether the inmate has previously experienced sexual victimization; (9) The inmate's own perception of vulnerability; and (10) Whether the inmate is detained solely for civil immigration purposes. (e) The initial screening shall consider prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as known to the agency, in assessing inmates for risk of being sexually abusive. (f) Within a set time period, not to exceed 30 days from the inmate's arrival at the facility, the facility will reassess the inmate's risk of victimization or abusiveness based upon any additional, relevant information received by the facility since the intake screening. (g) An inmate's risk level shall be reassessed when warranted due to a referral, request, incident of sexual abuse, or receipt of additional information that bears on the inmate's risk of sexual victimization or abusiveness. (h) Inmates may not be disciplined for refusing to answer, or for not disclosing complete information i… | |||||
| 28:28:2.0.1.1.46.1.78.17 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.42 Use of screening information. | DOJ | (a) The agency shall use information from the risk screening required by § 115.41 to inform housing, bed, work, education, and program assignments with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive. (b) The agency shall make individualized determinations about how to ensure the safety of each inmate. (c) In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the inmate's health and safety, and whether the placement would present management or security problems. (d) Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate. (e) A transgender or intersex inmate's own views with respect to his or her own safety shall be given serious consideration. (f) Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates. (g) The agency shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates. | |||||
| 28:28:2.0.1.1.46.1.78.18 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.43 Protective custody. | DOJ | (a) Inmates at high risk for sexual victimization shall not be placed in involuntary segregated housing unless an assessment of all available alternatives has been made, and a determination has been made that there is no available alternative means of separation from likely abusers. If a facility cannot conduct such an assessment immediately, the facility may hold the inmate in involuntary segregated housing for less than 24 hours while completing the assessment. (b) Inmates placed in segregated housing for this purpose shall have access to programs, privileges, education, and work opportunities to the extent possible. If the facility restricts access to programs, privileges, education, or work opportunities, the facility shall document: (1) The opportunities that have been limited; (2) The duration of the limitation; and (3) The reasons for such limitations. (c) The facility shall assign such inmates to involuntary segregated housing only until an alternative means of separation from likely abusers can be arranged, and such an assignment shall not ordinarily exceed a period of 30 days. (d) If an involuntary segregated housing assignment is made pursuant to paragraph (a) of this section, the facility shall clearly document: (1) The basis for the facility's concern for the inmate's safety; and (2) The reason why no alternative means of separation can be arranged. (e) Every 30 days, the facility shall afford each such inmate a review to determine whether there is a continuing need for separation from the general population. | |||||
| 28:28:2.0.1.1.46.1.79.19 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.51 Inmate reporting. | DOJ | (a) The agency shall provide multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents. (b) The agency shall also provide at least one way for inmates to report abuse or harassment to a public or private entity or office that is not part of the agency, and that is able to receive and immediately forward inmate reports of sexual abuse and sexual harassment to agency officials, allowing the inmate to remain anonymous upon request. Inmates detained solely for civil immigration purposes shall be provided information on how to contact relevant consular officials and relevant officials at the Department of Homeland Security. (c) Staff shall accept reports made verbally, in writing, anonymously, and from third parties and shall promptly document any verbal reports. (d) The agency shall provide a method for staff to privately report sexual abuse and sexual harassment of inmates. | |||||
| 28:28:2.0.1.1.46.1.79.20 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.52 Exhaustion of administrative remedies. | DOJ | (a) An agency shall be exempt from this standard if it does not have administrative procedures to address inmate grievances regarding sexual abuse. (b)(1) The agency shall not impose a time limit on when an inmate may submit a grievance regarding an allegation of sexual abuse. (2) The agency may apply otherwise-applicable time limits to any portion of a grievance that does not allege an incident of sexual abuse. (3) The agency shall not require an inmate to use any informal grievance process, or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse. (4) Nothing in this section shall restrict the agency's ability to defend against an inmate lawsuit on the ground that the applicable statute of limitations has expired. (c) The agency shall ensure that— (1) An inmate who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint, and (2) Such grievance is not referred to a staff member who is the subject of the complaint. (d)(1) The agency shall issue a final agency decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance. (2) Computation of the 90-day time period shall not include time consumed by inmates in preparing any administrative appeal. (3) The agency may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. The agency shall notify the inmate in writing of any such extension and provide a date by which a decision will be made. (4) At any level of the administrative process, including the final level, if the inmate does not receive a response within the time allotted for reply, including any properly noticed extension, the inmate may consider the absence of a response to be a denial at that level. (e)(1) Third parties, including fellow inmates, staff members, family members, attorneys, and outside advocates, shall be permitted to assist inmates in fili… | |||||
| 28:28:2.0.1.1.46.1.79.21 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.53 Inmate access to outside confidential support services. | DOJ | (a) The facility shall provide inmates with access to outside victim advocates for emotional support services related to sexual abuse by giving inmates mailing addresses and telephone numbers, including toll-free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organizations, and, for persons detained solely for civil immigration purposes, immigrant services agencies. The facility shall enable reasonable communication between inmates and these organizations and agencies, in as confidential a manner as possible. (b) The facility shall inform inmates, prior to giving them access, of the extent to which such communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws. (c) The agency shall maintain or attempt to enter into memoranda of understanding or other agreements with community service providers that are able to provide inmates with confidential emotional support services related to sexual abuse. The agency shall maintain copies of agreements or documentation showing attempts to enter into such agreements. | |||||
| 28:28:2.0.1.1.46.1.79.22 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.54 Third-party reporting. | DOJ | The agency shall establish a method to receive third-party reports of sexual abuse and sexual harassment and shall distribute publicly information on how to report sexual abuse and sexual harassment on behalf of an inmate. | |||||
| 28:28:2.0.1.1.46.1.80.23 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.61 Staff and agency reporting duties. | DOJ | (a) The agency shall require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of the agency; retaliation against inmates or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. (b) Apart from reporting to designated supervisors or officials, staff shall not reveal any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment, investigation, and other security and management decisions. (c) Unless otherwise precluded by Federal, State, or local law, medical and mental health practitioners shall be required to report sexual abuse pursuant to paragraph (a) of this section and to inform inmates of the practitioner's duty to report, and the limitations of confidentiality, at the initiation of services. (d) If the alleged victim is under the age of 18 or considered a vulnerable adult under a State or local vulnerable persons statute, the agency shall report the allegation to the designated State or local services agency under applicable mandatory reporting laws. (e) The facility shall report all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to the facility's designated investigators. | |||||
| 28:28:2.0.1.1.46.1.80.24 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.62 Agency protection duties. | DOJ | When an agency learns that an inmate is subject to a substantial risk of imminent sexual abuse, it shall take immediate action to protect the inmate. | |||||
| 28:28:2.0.1.1.46.1.80.25 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.63 Reporting to other confinement facilities. | DOJ | (a) Upon receiving an allegation that an inmate was sexually abused while confined at another facility, the head of the facility that received the allegation shall notify the head of the facility or appropriate office of the agency where the alleged abuse occurred. (b) Such notification shall be provided as soon as possible, but no later than 72 hours after receiving the allegation. (c) The agency shall document that it has provided such notification. (d) The facility head or agency office that receives such notification shall ensure that the allegation is investigated in accordance with these standards. | |||||
| 28:28:2.0.1.1.46.1.80.26 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.64 Staff first responder duties. | DOJ | (a) Upon learning of an allegation that an inmate was sexually abused, the first security staff member to respond to the report shall be required to: (1) Separate the alleged victim and abuser; (2) Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence; (3) If the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and (4) If the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating. (b) If the first staff responder is not a security staff member, the responder shall be required to request that the alleged victim not take any actions that could destroy physical evidence, and then notify security staff. | |||||
| 28:28:2.0.1.1.46.1.80.27 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.65 Coordinated response. | DOJ | The facility shall develop a written institutional plan to coordinate actions taken in response to an incident of sexual abuse, among staff first responders, medical and mental health practitioners, investigators, and facility leadership. | |||||
| 28:28:2.0.1.1.46.1.80.28 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.66 Preservation of ability to protect inmates from contact with abusers. | DOJ | (a) Neither the agency nor any other governmental entity responsible for collective bargaining on the agency's behalf shall enter into or renew any collective bargaining agreement or other agreement that limits the agency's ability to remove alleged staff sexual abusers from contact with any inmates pending the outcome of an investigation or of a determination of whether and to what extent discipline is warranted. (b) Nothing in this standard shall restrict the entering into or renewal of agreements that govern: (1) The conduct of the disciplinary process, as long as such agreements are not inconsistent with the provisions of §§ 115.72 and 115.76; or (2) Whether a no-contact assignment that is imposed pending the outcome of an investigation shall be expunged from or retained in the staff member's personnel file following a determination that the allegation of sexual abuse is not substantiated. | |||||
| 28:28:2.0.1.1.46.1.80.29 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.67 Agency protection against retaliation. | DOJ | (a) The agency shall establish a policy to protect all inmates and staff who report sexual abuse or sexual harassment or cooperate with sexual abuse or sexual harassment investigations from retaliation by other inmates or staff, and shall designate which staff members or departments are charged with monitoring retaliation. (b) The agency shall employ multiple protection measures, such as housing changes or transfers for inmate victims or abusers, removal of alleged staff or inmate abusers from contact with victims, and emotional support services for inmates or staff who fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations. (c) For at least 90 days following a report of sexual abuse, the agency shall monitor the conduct and treatment of inmates or staff who reported the sexual abuse and of inmates who were reported to have suffered sexual abuse to see if there are changes that may suggest possible retaliation by inmates or staff, and shall act promptly to remedy any such retaliation. Items the agency should monitor include any inmate disciplinary reports, housing, or program changes, or negative performance reviews or reassignments of staff. The agency shall continue such monitoring beyond 90 days if the initial monitoring indicates a continuing need. (d) In the case of inmates, such monitoring shall also include periodic status checks. (e) If any other individual who cooperates with an investigation expresses a fear of retaliation, the agency shall take appropriate measures to protect that individual against retaliation. (f) An agency's obligation to monitor shall terminate if the agency determines that the allegation is unfounded. | |||||
| 28:28:2.0.1.1.46.1.80.30 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.68 Post-allegation protective custody. | DOJ | Any use of segregated housing to protect an inmate who is alleged to have suffered sexual abuse shall be subject to the requirements of § 115.43. | |||||
| 28:28:2.0.1.1.46.1.81.31 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.71 Criminal and administrative agency investigations. | DOJ | (a) When the agency conducts its own investigations into allegations of sexual abuse and sexual harassment, it shall do so promptly, thoroughly, and objectively for all allegations, including third-party and anonymous reports. (b) Where sexual abuse is alleged, the agency shall use investigators who have received special training in sexual abuse investigations pursuant to § 115.34. (c) Investigators shall gather and preserve direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data; shall interview alleged victims, suspected perpetrators, and witnesses; and shall review prior complaints and reports of sexual abuse involving the suspected perpetrator. (d) When the quality of evidence appears to support criminal prosecution, the agency shall conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution. (e) The credibility of an alleged victim, suspect, or witness shall be assessed on an individual basis and shall not be determined by the person's status as inmate or staff. No agency shall require an inmate who alleges sexual abuse to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an allegation. (f) Administrative investigations: (1) Shall include an effort to determine whether staff actions or failures to act contributed to the abuse; and (2) Shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings. (g) Criminal investigations shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible. (h) Substantiated allegations of conduct that appears to be criminal shall be referred for prosecution. (i) The agenc… | |||||
| 28:28:2.0.1.1.46.1.81.32 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.72 Evidentiary standard for administrative investigations. | DOJ | The agency shall impose no standard higher than a preponderance of the evidence in determining whether allegations of sexual abuse or sexual harassment are substantiated. | |||||
| 28:28:2.0.1.1.46.1.81.33 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.73 Reporting to inmates. | DOJ | (a) Following an investigation into an inmate's allegation that he or she suffered sexual abuse in an agency facility, the agency shall inform the inmate as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. (b) If the agency did not conduct the investigation, it shall request the relevant information from the investigative agency in order to inform the inmate. (c) Following an inmate's allegation that a staff member has committed sexual abuse against the inmate, the agency shall subsequently inform the inmate (unless the agency has determined that the allegation is unfounded) whenever: (1) The staff member is no longer posted within the inmate's unit; (2) The staff member is no longer employed at the facility; (3) The agency learns that the staff member has been indicted on a charge related to sexual abuse within the facility; or (4) The agency learns that the staff member has been convicted on a charge related to sexual abuse within the facility. (d) Following an inmate's allegation that he or she has been sexually abused by another inmate, the agency shall subsequently inform the alleged victim whenever: (1) The agency learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or (2) The agency learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility. (e) All such notifications or attempted notifications shall be documented. (f) An agency's obligation to report under this standard shall terminate if the inmate is released from the agency's custody. | |||||
| 28:28:2.0.1.1.46.1.82.34 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.76 Disciplinary sanctions for staff. | DOJ | (a) Staff shall be subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies. (b) Termination shall be the presumptive disciplinary sanction for staff who have engaged in sexual abuse. (c) Disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse) shall be commensurate with the nature and circumstances of the acts committed, the staff member's disciplinary history, and the sanctions imposed for comparable offenses by other staff with similar histories. (d) All terminations for violations of agency sexual abuse or sexual harassment policies, or resignations by staff who would have been terminated if not for their resignation, shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to any relevant licensing bodies. | |||||
| 28:28:2.0.1.1.46.1.82.35 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.77 Corrective action for contractors and volunteers. | DOJ | (a) Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with inmates and shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies. (b) The facility shall take appropriate remedial measures, and shall consider whether to prohibit further contact with inmates, in the case of any other violation of agency sexual abuse or sexual harassment policies by a contractor or volunteer. | |||||
| 28:28:2.0.1.1.46.1.82.36 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.78 Disciplinary sanctions for inmates. | DOJ | (a) Inmates shall be subject to disciplinary sanctions pursuant to a formal disciplinary process following an administrative finding that the inmate engaged in inmate-on-inmate sexual abuse or following a criminal finding of guilt for inmate-on-inmate sexual abuse. (b) Sanctions shall be commensurate with the nature and circumstances of the abuse committed, the inmate's disciplinary history, and the sanctions imposed for comparable offenses by other inmates with similar histories. (c) The disciplinary process shall consider whether an inmate's mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed. (d) If the facility offers therapy, counseling, or other interventions designed to address and correct underlying reasons or motivations for the abuse, the facility shall consider whether to require the offending inmate to participate in such interventions as a condition of access to programming or other benefits. (e) The agency may discipline an inmate for sexual contact with staff only upon a finding that the staff member did not consent to such contact. (f) For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred shall not constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation. (g) An agency may, in its discretion, prohibit all sexual activity between inmates and may discipline inmates for such activity. An agency may not, however, deem such activity to constitute sexual abuse if it determines that the activity is not coerced. | |||||
| 28:28:2.0.1.1.46.1.83.37 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.81 Medical and mental health screenings; history of sexual abuse. | DOJ | (a) If the screening pursuant to § 115.41 indicates that a prison inmate has experienced prior sexual victimization, whether it occurred in an institutional setting or in the community, staff shall ensure that the inmate is offered a follow-up meeting with a medical or mental health practitioner within 14 days of the intake screening. (b) If the screening pursuant to § 115.41 indicates that a prison inmate has previously perpetrated sexual abuse, whether it occurred in an institutional setting or in the community, staff shall ensure that the inmate is offered a follow-up meeting with a mental health practitioner within 14 days of the intake screening. (c) If the screening pursuant to § 115.41 indicates that a jail inmate has experienced prior sexual victimization, whether it occurred in an institutional setting or in the community, staff shall ensure that the inmate is offered a follow-up meeting with a medical or mental health practitioner within 14 days of the intake screening. (d) Any information related to sexual victimization or abusiveness that occurred in an institutional setting shall be strictly limited to medical and mental health practitioners and other staff, as necessary, to inform treatment plans and security and management decisions, including housing, bed, work, education, and program assignments, or as otherwise required by Federal, State, or local law. (e) Medical and mental health practitioners shall obtain informed consent from inmates before reporting information about prior sexual victimization that did not occur in an institutional setting, unless the inmate is under the age of 18. | |||||
| 28:28:2.0.1.1.46.1.83.38 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.82 Access to emergency medical and mental health services. | DOJ | (a) Inmate victims of sexual abuse shall receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment. (b) If no qualified medical or mental health practitioners are on duty at the time a report of recent abuse is made, security staff first responders shall take preliminary steps to protect the victim pursuant to § 115.62 and shall immediately notify the appropriate medical and mental health practitioners. (c) Inmate victims of sexual abuse while incarcerated shall be offered timely information about and timely access to emergency contraception and sexually transmitted infections prophylaxis, in accordance with professionally accepted standards of care, where medically appropriate. (d) Treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident. | |||||
| 28:28:2.0.1.1.46.1.83.39 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.83 Ongoing medical and mental health care for sexual abuse victims and abusers. | DOJ | (a) The facility shall offer medical and mental health evaluation and, as appropriate, treatment to all inmates who have been victimized by sexual abuse in any prison, jail, lockup, or juvenile facility. (b) The evaluation and treatment of such victims shall include, as appropriate, follow-up services, treatment plans, and, when necessary, referrals for continued care following their transfer to, or placement in, other facilities, or their release from custody. (c) The facility shall provide such victims with medical and mental health services consistent with the community level of care. (d) Inmate victims of sexually abusive vaginal penetration while incarcerated shall be offered pregnancy tests. (e) If pregnancy results from the conduct described in paragraph (d) of this section, such victims shall receive timely and comprehensive information about and timely access to all lawful pregnancy-related medical services. (f) Inmate victims of sexual abuse while incarcerated shall be offered tests for sexually transmitted infections as medically appropriate. (g) Treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident. (h) All prisons shall attempt to conduct a mental health evaluation of all known inmate-on-inmate abusers within 60 days of learning of such abuse history and offer treatment when deemed appropriate by mental health practitioners. | |||||
| 28:28:2.0.1.1.46.1.84.40 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.86 Sexual abuse incident reviews. | DOJ | (a) The facility shall conduct a sexual abuse incident review at the conclusion of every sexual abuse investigation, including where the allegation has not been substantiated, unless the allegation has been determined to be unfounded. (b) Such review shall ordinarily occur within 30 days of the conclusion of the investigation. (c) The review team shall include upper-level management officials, with input from line supervisors, investigators, and medical or mental health practitioners. (d) The review team shall: (1) Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse; (2) Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility; (3) Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse; (4) Assess the adequacy of staffing levels in that area during different shifts; (5) Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff; and (6) Prepare a report of its findings, including but not necessarily limited to determinations made pursuant to paragraphs (d)(1) through (d)(5) of this section, and any recommendations for improvement and submit such report to the facility head and PREA compliance manager. (e) The facility shall implement the recommendations for improvement, or shall document its reasons for not doing so. | |||||
| 28:28:2.0.1.1.46.1.84.41 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.87 Data collection. | DOJ | (a) The agency shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control using a standardized instrument and set of definitions. (b) The agency shall aggregate the incident-based sexual abuse data at least annually. (c) The incident-based data collected shall include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice. (d) The agency shall maintain, review, and collect data as needed from all available incident-based documents, including reports, investigation files, and sexual abuse incident reviews. (e) The agency also shall obtain incident-based and aggregated data from every private facility with which it contracts for the confinement of its inmates. (f) Upon request, the agency shall provide all such data from the previous calendar year to the Department of Justice no later than June 30. | |||||
| 28:28:2.0.1.1.46.1.84.42 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.88 Data review for corrective action. | DOJ | (a) The agency shall review data collected and aggregated pursuant to § 115.87 in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including by: (1) Identifying problem areas; (2) Taking corrective action on an ongoing basis; and (3) Preparing an annual report of its findings and corrective actions for each facility, as well as the agency as a whole. (b) Such report shall include a comparison of the current year's data and corrective actions with those from prior years and shall provide an assessment of the agency's progress in addressing sexual abuse. (c) The agency's report shall be approved by the agency head and made readily available to the public through its Web site or, if it does not have one, through other means. (d) The agency may redact specific material from the reports when publication would present a clear and specific threat to the safety and security of a facility, but must indicate the nature of the material redacted. | |||||
| 28:28:2.0.1.1.46.1.84.43 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.89 Data storage, publication, and destruction. | DOJ | (a) The agency shall ensure that data collected pursuant to § 115.87 are securely retained. (b) The agency shall make all aggregated sexual abuse data, from facilities under its direct control and private facilities with which it contracts, readily available to the public at least annually through its Web site or, if it does not have one, through other means. (c) Before making aggregated sexual abuse data publicly available, the agency shall remove all personal identifiers. (d) The agency shall maintain sexual abuse data collected pursuant to § 115.87 for at least 10 years after the date of the initial collection unless Federal, State, or local law requires otherwise. | |||||
| 28:28:2.0.1.1.46.1.85.44 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | A | Subpart A—Standards for Adult Prisons and Jails | § 115.93 Audits of standards. | DOJ | The agency shall conduct audits pursuant to §§ 115.401 through 115.405. | |||||
| 28:28:2.0.1.1.46.2.86.1 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.111 Zero tolerance of sexual abuse and sexual harassment; PREA coordinator. | DOJ | (a) An agency shall have a written policy mandating zero tolerance toward all forms of sexual abuse and sexual harassment and outlining the agency's approach to preventing, detecting, and responding to such conduct. (b) An agency shall employ or designate an upper-level, agency-wide PREA coordinator with sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards in all of its lockups. | |||||
| 28:28:2.0.1.1.46.2.86.2 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.112 Contracting with other entities for the confinement of detainees. | DOJ | (a) A law enforcement agency that contracts for the confinement of its lockup detainees in lockups operated by private agencies or other entities, including other government agencies, shall include in any new contract or contract renewal the entity's obligation to adopt and comply with the PREA standards. (b) Any new contract or contract renewal shall provide for agency contract monitoring to ensure that the contractor is complying with the PREA standards. | |||||
| 28:28:2.0.1.1.46.2.86.3 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.113 Supervision and monitoring. | DOJ | (a) For each lockup, the agency shall develop and document a staffing plan that provides for adequate levels of staffing, and, where applicable, video monitoring, to protect detainees against sexual abuse. In calculating adequate staffing levels and determining the need for video monitoring, agencies shall take into consideration; (1) The physical layout of each lockup; (2) The composition of the detainee population; (3) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and (4) Any other relevant factors. (b) In circumstances where the staffing plan is not complied with, the lockup shall document and justify all deviations from the plan. (c) Whenever necessary, but no less frequently than once each year, the lockup shall assess, determine, and document whether adjustments are needed to: (1) The staffing plan established pursuant to paragraph (a) of this section; (2) Prevailing staffing patterns; (3) The lockup's deployment of video monitoring systems and other monitoring technologies; and (4) The resources the lockup has available to commit to ensure adequate staffing levels. (d) If vulnerable detainees are identified pursuant to the screening required by § 115.141, security staff shall provide such detainees with heightened protection, to include continuous direct sight and sound supervision, single-cell housing, or placement in a cell actively monitored on video by a staff member sufficiently proximate to intervene, unless no such option is determined to be feasible. | |||||
| 28:28:2.0.1.1.46.2.86.4 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.114 Juveniles and youthful detainees. | DOJ | Juveniles and youthful detainees shall be held separately from adult detainees. | |||||
| 28:28:2.0.1.1.46.2.86.5 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.115 Limits to cross-gender viewing and searches. | DOJ | (a) The lockup shall not conduct cross-gender strip searches or cross-gender visual body cavity searches (meaning a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners. (b) The lockup shall document all cross-gender strip searches and cross-gender visual body cavity searches. (c) The lockup shall implement policies and procedures that enable detainees to shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. Such policies and procedures shall require staff of the opposite gender to announce their presence when entering an area where detainees are likely to be showering, performing bodily functions, or changing clothing. (d) The lockup shall not search or physically examine a transgender or intersex detainee for the sole purpose of determining the detainee's genital status. If the detainee's genital status is unknown, it may be determined during conversations with the detainee, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner. (e) The agency shall train law enforcement staff in how to conduct cross-gender pat-down searches, and searches of transgender and intersex detainees, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. | |||||
| 28:28:2.0.1.1.46.2.86.6 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.116 Detainees with disabilities and detainees who are limited English proficient. | DOJ | (a) The agency shall take appropriate steps to ensure that detainees with disabilities (including, for example, detainees who are deaf or hard of hearing, those who are blind or have low vision, or those who have intellectual, psychiatric, or speech disabilities), have an equal opportunity to participate in or benefit from all aspects of the agency's efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Such steps shall include, when necessary to ensure effective communication with detainees who are deaf or hard of hearing, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. In addition, the agency shall ensure that written materials are provided in formats or through methods that ensure effective communication with detainees with disabilities, including detainees who have intellectual disabilities, limited reading skills, or who are blind or have low vision. An agency is not required to take actions that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity, or in undue financial and administrative burdens, as those terms are used in regulations promulgated under title II of the Americans With Disabilities Act, 28 CFR 35.164. (b) The agency shall take reasonable steps to ensure meaningful access to all aspects of the agency's efforts to prevent, detect, and respond to sexual abuse and sexual harassment to detainees who are limited English proficient, including steps to provide interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. (c) The agency shall not rely on detainee interpreters, detainee readers, or other types of detainee assistants except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the detainee's safety, the performance of first-response duties under … | |||||
| 28:28:2.0.1.1.46.2.86.7 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.117 Hiring and promotion decisions. | DOJ | (a) The agency shall not hire or promote anyone who may have contact with detainees, and shall not enlist the services of any contractor who may have contact with detainees, who— (1) Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); (2) Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or (3) Has been civilly or administratively adjudicated to have engaged in the activity described in paragraph (a)(2) of this section. (b) The agency shall consider any incidents of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contractor, who may have contact with detainees. (c) Before hiring new employees who may have contact with detainees, the agency shall: (1) Perform a criminal background records check; and (2) Consistent with Federal, State, and local law, make its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse. (d) The agency shall also perform a criminal background records check before enlisting the services of any contractor who may have contact with detainees. (e) The agency shall either conduct criminal background records checks at least every five years of current employees and contractors who may have contact with detainees or have in place a system for otherwise capturing such information for current employees. (f) The agency shall ask all applicants and employees who may have contact with detainees directly about previous misconduct described in paragraph (a) of this section in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations conducted as part of reviews of… | |||||
| 28:28:2.0.1.1.46.2.86.8 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.118 Upgrades to facilities and technologies. | DOJ | (a) When designing or acquiring any new lockup and in planning any substantial expansion or modification of existing lockups, the agency shall consider the effect of the design, acquisition, expansion, or modification upon the agency's ability to protect detainees from sexual abuse. (b) When installing or updating a video monitoring system, electronic surveillance system, or other monitoring technology, the agency shall consider how such technology may enhance the agency's ability to protect detainees from sexual abuse. | |||||
| 28:28:2.0.1.1.46.2.87.10 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.122 Policies to ensure referrals of allegations for investigations. | DOJ | (a) The agency shall ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment. (b) If another law enforcement agency is responsible for conducting investigations of allegations of sexual abuse or sexual harassment in its lockups, the agency shall have in place a policy to ensure that such allegations are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. The agency shall publish such policy, including a description of responsibilities of both the agency and the investigating entity, on its Web site, or, if it does not have one, make available the policy through other means. The agency shall document all such referrals. (c) Any State entity responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in lockups shall have in place a policy governing the conduct of such investigations. (d) Any Department of Justice component responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in lockups shall have in place a policy governing the conduct of such investigations. | |||||
| 28:28:2.0.1.1.46.2.87.9 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.121 Evidence protocol and forensic medical examinations. | DOJ | (a) To the extent the agency is responsible for investigating allegations of sexual abuse in its lockups, the agency shall follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions. (b) The protocol shall be developmentally appropriate for youth where applicable, and, as appropriate, shall be adapted from or otherwise based on the most recent edition of the U.S. Department of Justice's Office on Violence Against Women publication, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative protocols developed after 2011. As part of the training required in § 115.131, employees and volunteers who may have contact with lockup detainees shall receive basic training regarding how to detect and respond to victims of sexual abuse. (c) The agency shall offer all victims of sexual abuse access to forensic medical examinations whether on-site or at an outside facility, without financial cost, where evidentiarily or medically appropriate. Such examinations shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the examination can be performed by other qualified medical practitioners. The agency shall document its efforts to provide SAFEs or SANEs. (d) If the detainee is transported for a forensic examination to an outside hospital that offers victim advocacy services, the detainee shall be permitted to use such services to the extent available, consistent with security needs. (e) To the extent the agency itself is not responsible for investigating allegations of sexual abuse, the agency shall request that the investigating agency follow the requirements of paragraphs (a) through (d) of this section. (f) The requirements in paragraphs (a) through (e) of this section shall also apply to: (1) Any State entity outside of the agency that… | |||||
| 28:28:2.0.1.1.46.2.88.11 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.131 Employee and volunteer training. | DOJ | (a) The agency shall train all employees and volunteers who may have contact with lockup detainees to be able to fulfill their responsibilities under agency sexual abuse prevention, detection, and response policies and procedures, including training on: (1) The agency's zero-tolerance policy and detainees' right to be free from sexual abuse and sexual harassment; (2) The dynamics of sexual abuse and harassment in confinement settings, including which detainees are most vulnerable in lockup settings; (3) The right of detainees and employees to be free from retaliation for reporting sexual abuse or harassment; (4) How to detect and respond to signs of threatened and actual abuse; (5) How to communicate effectively and professionally with all detainees; and (6) How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities. (b) All current employees and volunteers who may have contact with lockup detainees shall be trained within one year of the effective date of the PREA standards, and the agency shall provide annual refresher information to all such employees and volunteers to ensure that they know the agency's current sexual abuse and sexual harassment policies and procedures. (c) The agency shall document, through employee signature or electronic verification, that employees understand the training they have received. | |||||
| 28:28:2.0.1.1.46.2.88.12 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.132 Detainee, contractor, and inmate worker notification of the agency's zero-tolerance policy. | DOJ | (a) During the intake process, employees shall notify all detainees of the agency's zero-tolerance policy regarding sexual abuse and sexual harassment. (b) The agency shall ensure that, upon entering the lockup, contractors and any inmates who work in the lockup are informed of the agency's zero-tolerance policy regarding sexual abuse and sexual harassment. | |||||
| 28:28:2.0.1.1.46.2.88.13 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.133 [Reserved] | DOJ | ||||||
| 28:28:2.0.1.1.46.2.88.14 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.134 Specialized training: Investigations. | DOJ | (a) In addition to the general training provided to all employees and volunteers pursuant to § 115.131, the agency shall ensure that, to the extent the agency itself conducts sexual abuse investigations, its investigators have received training in conducting such investigations in confinement settings. (b) Specialized training shall include techniques for interviewing sexual abuse victims, proper use of Miranda and Garrity warnings, sexual abuse evidence collection in confinement settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral. (c) The agency shall maintain documentation that agency investigators have completed the required specialized training in conducting sexual abuse investigations. (d) Any State entity or Department of Justice component that investigates sexual abuse in lockups shall provide such training to their agents and investigators who conduct such investigations. | |||||
| 28:28:2.0.1.1.46.2.88.15 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.135 [Reserved] | DOJ | ||||||
| 28:28:2.0.1.1.46.2.89.16 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.141 Screening for risk of victimization and abusiveness. | DOJ | (a) In lockups that are not utilized to house detainees overnight, before placing any detainees together in a holding cell, staff shall consider whether, based on the information before them, a detainee may be at a high risk of being sexually abused and, when appropriate, shall take necessary steps to mitigate any such danger to the detainee. (b) In lockups that are utilized to house detainees overnight, all detainees shall be screened to assess their risk of being sexually abused by other detainees or sexually abusive toward other detainees. (c) In lockups described in paragraph (b) of this section, staff shall ask the detainee about his or her own perception of vulnerability. (d) The screening process in the lockups described in paragraph (b) of this section shall also consider, to the extent that the information is available, the following criteria to screen detainees for risk of sexual victimization: (1) Whether the detainee has a mental, physical, or developmental disability; (2) The age of the detainee; (3) The physical build and appearance of the detainee; (4) Whether the detainee has previously been incarcerated; and (5) The nature of the detainee's alleged offense and criminal history. | |||||
| 28:28:2.0.1.1.46.2.89.17 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | §§ 115.142-115.143 [Reserved] | DOJ | ||||||
| 28:28:2.0.1.1.46.2.90.18 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.151 Detainee reporting. | DOJ | (a) The agency shall provide multiple ways for detainees to privately report sexual abuse and sexual harassment, retaliation by other detainees or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents. (b) The agency shall also inform detainees of at least one way to report abuse or harassment to a public or private entity or office that is not part of the agency, and that is able to receive and immediately forward detainee reports of sexual abuse and sexual harassment to agency officials, allowing the detainee to remain anonymous upon request. (c) Staff shall accept reports made verbally, in writing, anonymously, and from third parties and promptly document any verbal reports. (d) The agency shall provide a method for staff to privately report sexual abuse and sexual harassment of detainees. | |||||
| 28:28:2.0.1.1.46.2.90.19 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | §§ 115.152-115.153 [Reserved] | DOJ | ||||||
| 28:28:2.0.1.1.46.2.90.20 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.154 Third-party reporting. | DOJ | The agency shall establish a method to receive third-party reports of sexual abuse and sexual harassment in its lockups and shall distribute publicly information on how to report sexual abuse and sexual harassment on behalf of a detainee. | |||||
| 28:28:2.0.1.1.46.2.91.21 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.161 Staff and agency reporting duties. | DOJ | (a) The agency shall require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in an agency lockup; retaliation against detainees or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. (b) Apart from reporting to designated supervisors or officials, staff shall not reveal any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment and investigation decisions. (c) If the alleged victim is under the age of 18 or considered a vulnerable adult under a State or local vulnerable persons statute, the agency shall report the allegation to the designated State or local services agency under applicable mandatory reporting laws. (d) The agency shall report all allegations of sexual abuse, including third-party and anonymous reports, to the agency's designated investigators. | |||||
| 28:28:2.0.1.1.46.2.91.22 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.162 Agency protection duties. | DOJ | When an agency learns that a detainee is subject to a substantial risk of imminent sexual abuse, it shall take immediate action to protect the detainee. | |||||
| 28:28:2.0.1.1.46.2.91.23 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.163 Reporting to other confinement facilities. | DOJ | (a) Upon receiving an allegation that a detainee was sexually abused while confined at another facility, the head of the facility that received the allegation shall notify the head of the facility or appropriate office of the agency where the alleged abuse occurred. (b) Such notification shall be provided as soon as possible, but no later than 72 hours after receiving the allegation. (c) The agency shall document that it has provided such notification. (d) The facility head or agency office that receives such notification shall ensure that the allegation is investigated in accordance with these standards. | |||||
| 28:28:2.0.1.1.46.2.91.24 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.164 Staff first responder duties. | DOJ | (a) Upon learning of an allegation that a detainee was sexually abused, the first law enforcement staff member to respond to the report shall be required to: (1) Separate the alleged victim and abuser; (2) Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence; (3) If the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and (4) If the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating. (b) If the first staff responder is not a law enforcement staff member, the responder shall be required to request that the alleged victim not take any actions that could destroy physical evidence and then notify law enforcement staff. | |||||
| 28:28:2.0.1.1.46.2.91.25 | 28 | Judicial Administration | I | 115 | PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS | B | Subpart B—Standards for Lockups | § 115.165 Coordinated response. | DOJ | (a) The agency shall develop a written institutional plan to coordinate actions taken in response to a lockup incident of sexual abuse, among staff first responders, medical and mental health practitioners, investigators, and agency leadership. (b) If a victim is transferred from the lockup to a jail, prison, or medical facility, the agency shall, as permitted by law, inform the receiving facility of the incident and the victim's potential need for medical or social services, unless the victim requests otherwise. |
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