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Electronic Code of Federal Regulations

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e-CFR Data is current as of November 24, 2014

Title 28Chapter IPart 115


TITLE 28—Judicial Administration

CHAPTER I—DEPARTMENT OF JUSTICE (CONTINUED)

PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS

rule
§115.5
General definitions.
§115.6
Definitions related to sexual abuse.

Subpart A—STANDARDS FOR ADULT PRISONS AND JAILS

Prevention Planning

§115.11
Zero tolerance of sexual abuse and sexual harassment; PREA coordinator.
§115.12
Contracting with other entities for the confinement of inmates.
§115.13
Supervision and monitoring.
§115.14
Youthful inmates.
§115.15
Limits to cross-gender viewing and searches.
§115.16
Inmates with disabilities and inmates who are limited English proficient.
§115.17
Hiring and promotion decisions.
§115.18
Upgrades to facilities and technologies.

Responsive Planning

§115.21
Evidence protocol and forensic medical examinations.
§115.22
Policies to ensure referrals of allegations for investigations.

Training and Education

§115.31
Employee training.
§115.32
Volunteer and contractor training.
§115.33
Inmate education.
§115.34
Specialized training: Investigations.
§115.35
Specialized training: Medical and mental health care.

Screening for Risk of Sexual Victimization and Abusiveness

§115.41
Screening for risk of victimization and abusiveness.
§115.42
Use of screening information.
§115.43
Protective custody.

Reporting

§115.51
Inmate reporting.
§115.52
Exhaustion of administrative remedies.
§115.53
Inmate access to outside confidential support services.
§115.54
Third-party reporting.

Official Response Following an Inmate Report

§115.61
Staff and agency reporting duties.
§115.62
Agency protection duties.
§115.63
Reporting to other confinement facilities.
§115.64
Staff first responder duties.
§115.65
Coordinated response.
§115.66
Preservation of ability to protect inmates from contact with abusers.
§115.67
Agency protection against retaliation.
§115.68
Post-allegation protective custody.

Investigations

§115.71
Criminal and administrative agency investigations.
§115.72
Evidentiary standard for administrative investigations.
§115.73
Reporting to inmates.

Discipline

§115.76
Disciplinary sanctions for staff.
§115.77
Corrective action for contractors and volunteers.
§115.78
Disciplinary sanctions for inmates.

Medical and Mental Care

§115.81
Medical and mental health screenings; history of sexual abuse.
§115.82
Access to emergency medical and mental health services.
§115.83
Ongoing medical and mental health care for sexual abuse victims and abusers.

Data Collection and Review

§115.86
Sexual abuse incident reviews.
§115.87
Data collection.
§115.88
Data review for corrective action.
§115.89
Data storage, publication, and destruction.

Audits

§115.93
Audits of standards.
rule

Subpart B—STANDARDS FOR LOCKUPS

Prevention Planning

§115.111
Zero tolerance of sexual abuse and sexual harassment; PREA coordinator.
§115.112
Contracting with other entities for the confinement of detainees.
§115.113
Supervision and monitoring.
§115.114
Juveniles and youthful detainees.
§115.115
Limits to cross-gender viewing and searches.
§115.116
Detainees with disabilities and detainees who are limited English proficient.
§115.117
Hiring and promotion decisions.
§115.118
Upgrades to facilities and technologies.

Responsive Planning

§115.121
Evidence protocol and forensic medical examinations.
§115.122
Policies to ensure referrals of allegations for investigations.

Training and Education

§115.131
Employee and volunteer training.
§115.132
Detainee, contractor, and inmate worker notification of the agency's zero-tolerance policy.
§115.133
[Reserved]
§115.134
Specialized training: Investigations.
§115.135
[Reserved]

Screening for Risk of Sexual Victimization and Abusiveness

§115.141
Screening for risk of victimization and abusiveness.
§§115.142-115.43
[Reserved]

Reporting

§115.151
Detainee reporting.
§§115.152-115.53
[Reserved]
§115.154
Third-party reporting.

Official Response Following a Detainee Report

§115.161
Staff and agency reporting duties.
§115.162
Agency protection duties.
§115.163
Reporting to other confinement facilities.
§115.164
Staff first responder duties.
§115.165
Coordinated response.
§115.166
Preservation of ability to protect detainees from contact with abusers.
§115.167
Agency protection against retaliation.
§115.168
[Reserved]

Investigations

§115.171
Criminal and administrative agency investigations.
§115.172
Evidentiary standard for administrative investigations.
§115.173
[Reserved]

Discipline

§115.176
Disciplinary sanctions for staff.
§115.177
Corrective action for contractors and volunteers.
§115.178
Referrals for prosecution for detainee-on-detainee sexual abuse.

Medical and Mental Care

§115.181
[Reserved]
§115.182
Access to emergency medical services.
§115.183
[Reserved]

Data Collection and Review

§115.186
Sexual abuse incident reviews.
§115.187
Data collection.
§115.188
Data review for corrective action.
§115.189
Data storage, publication, and destruction.

Audits

§115.193
Audits of standards.
rule

Subpart C—STANDARDS FOR COMMUNITY CONFINEMENT FACILITIES

Prevention Planning

§115.211
Zero tolerance of sexual abuse and sexual harassment; PREA coordinator.
§115.212
Contracting with other entities for the confinement of residents.
§115.213
Supervision and monitoring.
§115.214
[Reserved]
§115.215
Limits to cross-gender viewing and searches.
§115.216
Residents with disabilities and residents who are limited English proficient.
§115.217
Hiring and promotion decisions.
§115.218
Upgrades to facilities and technologies.

Responsive Planning

§115.221
Evidence protocol and forensic medical examinations.
§115.222
Policies to ensure referrals of allegations for investigations.

Training and Education

§115.231
Employee training.
§115.232
Volunteer and contractor training.
§115.233
Resident education.
§115.234
Specialized training: Investigations.
§115.235
Specialized training: Medical and mental health care.

Screening for Risk of Sexual Victimization and Abusiveness

§115.241
Screening for risk of victimization and abusiveness.
§115.242
Use of screening information.
§115.243
[Reserved]

Reporting

§115.251
Resident reporting.
§115.252
Exhaustion of administrative remedies.
§115.253
Resident access to outside confidential support services.
§115.254
Third-party reporting.

Official Response Following a Resident Report

§115.261
Staff and agency reporting duties.
§115.262
Agency protection duties.
§115.263
Reporting to other confinement facilities.
§115.264
Staff first responder duties.
§115.265
Coordinated response.
§115.266
Preservation of ability to protect residents from contact with abusers
§115.267
Agency protection against retaliation.
§115.268
[Reserved]

Investigations

§115.271
Criminal and administrative agency investigations.
§115.272
Evidentiary standard for administrative investigations.
§115.273
Reporting to residents.

Discipline

§115.276
Disciplinary sanctions for staff.
§115.277
Corrective action for contractors and volunteers.
§115.278
Disciplinary sanctions for residents.

Medical and Mental Care

§115.281
[Reserved]
§115.282
Access to emergency medical and mental health services.
§115.283
Ongoing medical and mental health care for sexual abuse victims and abusers.

Data Collection and Review

§115.286
Sexual abuse incident reviews.
§115.287
Data collection.
§115.288
Data review for corrective action.
§115.289
Data storage, publication, and destruction.

Audits

§115.293
Audits of standards.
rule

Subpart D—STANDARDS FOR JUVENILE FACILITIES

Prevention Planning

§115.311
Zero tolerance of sexual abuse and sexual harassment; PREA coordinator.
§115.312
Contracting with other entities for the confinement of residents.
§115.313
Supervision and monitoring.
§115.314
[Reserved]
§115.315
Limits to cross-gender viewing and searches.
§115.316
Residents with disabilities and residents who are limited English proficient.
§115.317
Hiring and promotion decisions.
§115.318
Upgrades to facilities and technologies.

Responsive Planning

§115.321
Evidence protocol and forensic medical examinations.
§115.322
Policies to ensure referrals of allegations for investigations.

Training and Education

§115.331
Employee training.
§115.332
Volunteer and contractor training.
§115.333
Resident education.
§115.334
Specialized training: Investigations.
§115.335
Specialized training: Medical and mental health care.

Screening for Risk of Sexual Victimization and Abusiveness

§115.341
Obtaining information from residents.
§115.342
Placement of residents in housing, bed, program, education, and work assignments.
§115.343
[Reserved]

Reporting

§115.351
Resident reporting.
§115.352
Exhaustion of administrative remedies.
§115.353
Resident access to outside support services and legal representation.
§115.354
Third-party reporting.

Official Response Following a Resident Report

§115.361
Staff and agency reporting duties.
§115.362
Agency protection duties.
§115.363
Reporting to other confinement facilities.
§115.364
Staff first responder duties.
§115.365
Coordinated response.
§115.366
Preservation of ability to protect residents from contact with abusers.
§115.367
Agency protection against retaliation.
§115.368
Post-allegation protective custody.

Investigations

§115.371
Criminal and administrative agency investigations.
§115.372
Evidentiary standard for administrative investigations.
§115.373
Reporting to residents.

Discipline

§115.376
Disciplinary sanctions for staff.
§115.377
Corrective action for contractors and volunteers.
§115.378
Interventions and disciplinary sanctions for residents.

Medical and Mental Care

§115.381
Medical and mental health screenings; history of sexual abuse.
§115.382
Access to emergency medical and mental health services.
§115.383
Ongoing medical and mental health care for sexual abuse victims and abusers.

Data Collection and Review

§115.386
Sexual abuse incident reviews.
§115.387
Data collection.
§115.388
Data review for corrective action.
§115.389
Data storage, publication, and destruction.

Audits

§115.393
Audits of standards.
rule

Subpart E—AUDITING AND CORRECTIVE ACTION

§115.401
Frequency and scope of audits.
§115.402
Auditor qualifications.
§115.403
Audit contents and findings.
§115.404
Audit corrective action plan.
§115.405
Audit appeals.
rule

Subpart F—STATE COMPLIANCE

§115.501
State determination and certification of full compliance.


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