POLICY
TITLE

CHAPTER

SIGNATURE ON FILE AT FACILITY SUPPORT CENTER

Harley G. Lappin
Executive Vice President/Chief Corrections Officer

Sexual Abuse and Assault Prevention and
Intervention
14

POLICY
NUMBER

14-2

EFFECTIVE DATE

SUPERSEDES DATE

DECEMBER 4, 2014

NONE

FACILITY
NAME

Page 1 of 32

SOUTH TEXAS FAMILY RESIDENTIAL CENTER

FACILITY EFFECTIVE DATE

FACILITY SUPERSEDES DATE

Steven E. Groom
Executive Vice President/General Counsel

DECEMBER 4, 2014

NONE

IMMIGRATION AND CUSTOMS ENFORCEMENT

Chief, Juvenile and Family Residential
Management Unit

SIGNATURE ON FILE AT FACILITY SUPPORT CENTER

SIGNATURE ON FILE AT FACILITY SUPPORT CENTER

Stephen M. Antkowiak

	
  
	
  
14-2.1 POLICY:
Sexual abuse and assault in detention centers is a public safety issue that can impact facility order and
security. It victimizes vulnerable residents, causes psychological trauma, can increase the spread of
communicable diseases, and can elevate the risk of tension. This policy provides CCA detention
facilities with a mechanism to affirmatively act to prevent sexual abuse and assault, to provide prompt
and effective intervention and treatment for victims of sexual abuse and assault, to control, discipline
and prosecute perpetrators of sexual abuse and assault, and comply with the Department of Homeland
Security Prison Rape Elimination Act (PREA) and all relevant Immigration and Customs Enforcement
(ICE) implementing policy.
CCA has a zero-tolerance for all forms of sexual abuse and assault. Such conduct is prohibited by this
policy and will not be tolerated; to include resident-on-resident sexual abuse and assault; employee-onresident sexual abuse and assault; and any contractor or civilian-on-resident sexual abuse or assault.
Upon receiving any information indicating that a resident is subject to a substantial risk of imminent
sexual abuse or assault, any facility employee shall take immediate action to protect the resident. It is
CCA’s policy to conduct administrative investigations on all allegations, regardless of the source, and to
support any criminal investigations so that perpetrators are prosecuted. Alleged victims of sexual abuse
and assault will be provided a supportive and protective environment. (115.11 (a), 115.62)
Sexual activity between residents or employees/civilians/contractors and residents, regardless of
consensual status, is strictly prohibited and subject to administrative and criminal disciplinary sanctions.
14-2.2 AUTHORITY:
CCA Company Policy
14-2.3 DEFINITIONS:
Bad Faith – Acting with a dishonest belief or purpose.
Civilian – A person who is not a paid CCA employee. Such individuals may include visitors, volunteers,
interns, delivery truck drivers, or service personnel repairing equipment in the facility. This does not
include resident visitors.
Contractor – A person who provides services at the facility on a recurring basis pursuant to a
contractual agreement with CCA. Such individuals may include the contractor's employees who
manage and operate facility departments such as health and/or food services, construction workers who
are temporarily working on projects within the facility, medical professionals such as a psychiatrist or
medical doctor, contract attorneys, or consultants such as a professional librarian.
Direct Staff Supervision – Security staff are in the same room with, and within reasonable hearing
distance of, the resident.

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Employee – A person employed by CCA in an approved full-time or part-time position that is designated
as such in the authorized staffing pattern. For the purposes of this policy, a paid intern may be
considered an employee.
Exigent Circumstances – Temporary unforeseen circumstance(s) that require immediate action in order
to combat a threat to the security or order of a facility.
Facility Support Center (FSC): CCA's corporate headquarters where employees provide support and
oversight in the management and operation of the company's facilities.
FSC PREA Committee – A committee comprised of senior operations, legal, and mental health
managers who review issues related to PREA reporting, incident response, investigation, and
prevention.
FSC PREA Coordinator – An upper-level management FSC employee designated to develop,
implement, and oversee CCA's companywide efforts to comply with the PREA National Standards and
the company's Sexual Abuse and Assault Prevention and Intervention Program. He/she must provide
supervisory oversight to all CCA facilities ensuring coordination in the prevention, detection,
intervention, investigation, and discipline/prosecution of sexual abuse and assault as specified in this
policy. (115.11 (b))
Gender Non-Conforming – A person whose appearance or manner does not conform to traditional
societal gender expectations.
Resident – Any adult or juvenile, male or female, housed in a CCA family residential facility.
LGBTI – Lesbian, Gay (Homosexual), Bisexual, Transgender, and Intersex. This acronym will include
the term individuals identified as Gender Non-Conforming.
Intersex – A person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit
typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders
of sex development.
PREA – The Prison Rape Elimination Act 6 USC [15601 et seq]
PREA Compliance Manager – An Administrative Duty Officer-level manager appointed by the Facility
Administrator who maintains responsibility for the facility's Sexual Abuse and Assault Prevention and
Intervention Program.
PREA National Standards – Part 115 of Title 6 of the Code of Federal Regulations, the Prison Rape
Elimination Act National Standards, including Subpart A, Standards for Immigration Detention facilities,
and Department of Homeland Security (DHS) PREA Standards.
PREA Staffing Plan – An approved plan for staffing the facility in accordance with PREA guidelines
developed by the facility in conjunction with the FSC PREA Coordinator.
Preponderance of the Evidence Standard – An evidentiary standard under which an allegation is
deemed substantiated if the weight of the available evidence indicates that the allegation is more likely
than not to be truthful or correct.
Qualified Health Care Professional (QHCP) – Includes physicians, physician assistants, nurse
practitioners, nurses, dentists, mental health professionals, and others who, by virtue of their education,
credentials, and experience are permitted by law within the scope of their professional practice to
evaluate and care for patients.
Qualified Mental Health Professionals (QMHP) – Includes psychiatrists, psychologists, psychiatric social
workers, psychiatric nurses and others who, by virtue of their education, credentials, and experience are
permitted by law to evaluate and care for the mental health needs of patients.
Rape Crisis Center – An entity that provides intervention and related assistance, such as the services
specified in 6 U.S.C. [14043g(b)(2)(C)], to victims of sexual assault of all ages.

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SAFE/SANE Provider – A sexual assault forensic examiner (SAFE) or sexual assault nurse examiner
(SANE) is a specially trained registered nurse, physician assistant, or physician who provides
comprehensive care, and timely collection of forensic evidence and testimony in sexual assault cases.
Sexual Abuse and Assault of a Resident by Another Resident –
Any of the following acts by one or more residents who, by force, coercion, or intimidation, or if the
victim did not consent or was unable to consent or refuse, engages in or attempts to engage in:
1.

Contact between the penis and the vulva or anus and, for purposes of this subparagraph,
contact involving the penis upon penetration, however slight;

2.

Contact between the mouth and the penis, vulva, or anus;

3.

Penetration, however slight, of the anal or genital opening of another person by a hand or finger
or any object; and

4.

Touching of the genitalia, anus, groin, breast, inner thighs, or the buttocks, either directly or
through the clothing, with an intent to abuse, humiliate, harass, degrade or arouse or gratify the
sexual desire of any person; or

5.

Threats, intimidation, or other actions or communications by one or more residents aimed at
coercing or pressuring another resident to engage in a sexual act.

Sexual Abuse and Assault of Resident by an Employee, Contractor, or Civilian – Any of the following
acts, if engaged in by one or more staff members, civilians, or contract personnel who, with or without
consent of the resident engages in or attempts to engage in:
1.

Contact between the penis and the vulva or the penis and the anus and, for purposes of this
subparagraph, contact involving the penis upon penetration, however slight;

2.

Contact between the mouth and the penis, vulva, or anus;

3.

Penetration, however slight, of the anal or genital opening of another person by a hand, finger
or by any object that is unrelated to official duties or where the staff member, contractor, or
civilian has the intent to abuse, arouse, or gratify sexual desire;

4.

Intentional touching of the genitalia, anus, groin, breast, inner thighs, or the buttocks, either
directly or through the clothing, that is unrelated to official duties or where the staff member,
contractor, or civilian has the intent to abuse, arouse, or gratify sexual desire;

5.

Threats, intimidation, harassment, indecent, profane or abusive language, or other actions or
communications, aimed at coercing or pressuring a resident to engage in a sexual act.

6.

Repeated verbal statements or comments of a sexual nature to a resident.

7.

Any display by an employee, contractor, or civilian of his or her uncovered genitalia, buttocks, or
breast in the presence of a resident; and

8.

Voyeurism by an employee, contractor, or civilian, which is defined as the inappropriate visual
surveillance of a resident for reasons unrelated to official duties. Where not conducted for
reasons relating to official duties, the following are examples of voyeurism: staring at a
detainee who is using a toilet in his or her housing area to perform bodily functions; requiring a
resident to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a
resident's naked body or of a resident performing bodily functions.

Sexual Abuse Response Team (SART) – A team comprised of four (4) or more individuals having a
primary role in responding to reported incidents of sexual abuse and assault, victim assessment and
support needs, and ensuring policy and procedures are carried out that ensure resident safety.
Transgender – A person whose gender identity (i.e. internal sense of feeling male or female) is different
from the person's sex at birth.

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Voyeurism – The inappropriate visual surveillance of a resident for reasons unrelated to official duties.
Where not conducted for reasons relating to official duties, the following are examples of voyeurism:
staring at a detainee who is using a toilet in his or her housing area to perform bodily functions;
requiring a resident to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a
resident's naked body or of a resident performing bodily functions.

14-2.4 PROCEDURES:
PROCEDURES INDEX
SECTION
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
A.

B.

SUBJECT
Confidentiality
Hiring and Promotion
Training and Acknowledgement
Staffing
Supervision and Monitoring
External Victim Advocate and Support Services
Sexual Abuse Response Team (SART)
Resident Screening
Resident Orientation and Education
Housing and Program Assignments
Searches and Observation
Reporting Sexual Abuse and Assault
Response Procedures
Post Investigation Review
Administrative and Criminal Investigations
Incident Classification
Resident Notifications
Disciplinary Procedures
Post Incident Classification Procedures
Collection and Use of Data
Quality Assurance Compliance
Upgrades to Facilities and Technologies

CONFIDENTIALITY
1.

All information concerning an event of resident sexual abuse or assault is to be treated
as confidential. Apart from such reporting, staff shall not reveal any information related
to a sexual abuse or assault report to anyone other than to the extent necessary to help
protect the safety of the victim or prevent further victimization of other residents or staff
in the Center, make medical treatment, investigation, law enforcement, or other security
and management decisions. This information should never be shared with other
residents.

2.

Appropriate controls shall be implemented within the facility regarding the dissemination
of responses to questions asked pursuant to screening for risk of victimization and
abusiveness in order to ensure that sensitive information is not exploited by employees
or other residents to the resident's detriment. (115.41(g))

3.

Security and management of documentation containing PREA information will be in
accordance with CCA and/or agency policy regarding records management, records
retention, HIPAA, etc.

HIRING AND PROMOTION

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1.
To the extent permitted by law, CCA will decline to hire or promote anyone who may
have contact with residents, and decline to enlist the services of any contractor, or
civilian, who may have contact with residents, who:
a.

Has engaged in sexual abuse or assault in a prison, jail ,holding facility,
community confinement facility, juvenile facility, or other institution (as defined
in 42 U.S.C. 1997);

b.

Has been convicted of engaging or attempting to engage in sexual activity
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

c.

Has been civilly or administratively adjudicated to have engaged in the activity
as outlined above in B.1.a. or B.1.b. (115.17 (a))

NOTE: To the extent permitted by law, CCA may decline to hire or promote and may
terminate employment based on material omissions regarding such misconduct, or the
provision of materially false information. (115.17 (e))
2.

3.

All applicants and employees who may have direct contact with residents shall be
asked about previous misconduct, as outlined above in B.1.a.-c., in written applications
or interviews for hiring or promotions, and in any interviews or written self-evaluations
conducted as part of reviews of current employees. (115.17 (b))
a.

The 14-2H Self-Declaration of Sexual Abuse form will be completed upon
application for employment and as part of the promotional interview process.

b.

The 14-2H Self-Declaration of Sexual Abuse form shall also serve as
verification of an employee's fulfillment of his/her continuing affirmative duty to
disclose any sexual misconduct as described in this policy, and as outlined
above in B.1.a.-c.

Background Records Check
a.

C.

Before hiring new employees who may have contact with residents, CCA shall:
i.

Perform a criminal background records check; and (115.17 (c))

ii.

Consistent with federal, state, and local law make its best effort to
contact all prior institutional employers for information on substantiated
allegations of sexual abuse or assault or any resignation during a
pending investigation of an allegation of sexual abuse or assault as
defined by this policy. The 3-20-2A Verification of Employment form
shall be used to solicit such prior employment information.

b.

CCA shall also perform a criminal background records check before enlisting
the services of any contractor who may have contact with residents. (115.17
(d))

c.

CCA shall conduct criminal background records checks at least every five (5)
years of current employees and unescorted contractors who may have contact
with residents or have in place a system for otherwise capturing such
information. (115.17 (c)) Unless prohibited by law, CCA shall provide
information on substantiated allegations of sexual abuse or assault involving a
former employee upon receiving a request from an institutional employer for
whom such employee has applied to work. (115.17 (f))

TRAINING AND ACKNOWLEDGEMENT
1.

Employees

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a.

DECEMBER 4, 2014

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All CCA facility employees shall receive training on CCA's zero-tolerance policy
for sexual abuse and assault. (115.31 (a)(1)) Such training shall be tailored to
the gender and age of the residents at the facility. At a minimum, all employees
shall receive pre-service and annual in-service training on the following:
i.

The DHS PREA Standards and other applicable ICE policy, state or
local laws imposing criminal liability for the sexual abuse of a person
held in custody;
AT THIS FACILITY, THE APPLICABLE STATE OR LOCAL LAWS
GOVERNING SEXUAL ABUSE OF PERSONS IN CUSTODY IN
ADDITION TO PREA (INCLUDING CHILD ABUSE LAWS/NEGLECT
REPORTING LAWS) ARE:

b.

ii.

An employee's duty to report any occurrence of sexual abuse and
assault;

iii.

How to fulfill employee responsibilities for sexual abuse and assault
prevention, detection, reporting, and response in accordance with this
policy;

iv.

The right of residents to be free from sexual abuse and assault;
(115.31 (a)(2))

v.

The right of residents and employees to be free from retaliation for
reporting sexual abuse and assault; (115.31(a)(2))

vi.

Definitions and examples of prohibited and illegal sexual behavior;

vii.

Recognition of situations were sexual abuse and assault may occur;

viii.

Recognition of physical, behavioral, and emotional signs of sexual
abuse and assault, and methods of preventing and responding to such
occurrences;

ix.

How to avoid inappropriate relationships with residents;

x.

How to communicate effectively and professionally with residents,
including LGBTI and Gender Non-Conforming residents;

xi.

Procedures for reporting knowledge or suspicion of sexual abuse and
assault;

xii.

The requirements to limit reporting of sexual abuse and assault to
personnel with a need to know in order to make decisions concerning
the victim's welfare and for law enforcement or investigative purposes.
(115.31 (a)(3-9))

Specialized Training
i.

In addition to the general training provided to all employees, security
staff shall receive training in how to conduct cross-gender pat-down
searches, and searches of transgender and intersex residents, in a
manner that is professional, respectful, and the least intrusive possible
while being consistent with security needs. (115.15.(j))

ii.

In addition to the general training provided to all employees and to the
extent that CCA conducts sexual abuse and assault investigations,

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investigators shall receive training on sexual abuse and assault and
conducting effective cross-agency coordination. (115.34 (a))
•

The PREA Compliance Manager shall ensure that more than
one (1) person at the facility receives training as a sexual
abuse and assault investigator. This will ensure that a trained
investigator is available as a back-up during employee
absences (e.g. leave, paid time off, sickness, offsite training,
etc.) from work.

•

Specialized training shall include effective cross agency
coordination, techniques for interviewing sexual abuse and
assault victims, and sexual abuse and assault evidence
collection.

•

iii.

§

The first security staff member to respond to a report of
sexual abuse and assault, of his/her supervisor, shall
preserve and protect, to the greatest extent possible,
any crime scene until appropriate steps can be taken
to collect any evidence. When possible and feasible,
appropriate staff shall preserve the crime scene, and
safeguard information and evidence in coordination
with the referral agency and consistent with
established
evidence-gathering
and
evidenceprocessing procedures.

§

If the abuse occurred within a time period that still
allows for the collection of physical evidence, the
responder shall request the alleged victim not to take
any actions, and shall 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.

§

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.

Documentation confirming that investigators have completed
the required specialized training in conducting sexual abuse
and assault investigations shall be maintained in accordance
with CCA Policies 1-15 Record Retention and 4-2 Maintenance
of Training Records. (115.34(b))

In addition to the general training provided to all employees, all full and
part-time Qualified Health Care Professionals and Qualified Mental
Health Professionals, who work in the facility, shall receive specialized
medical training as outlined below:
•

How to detect and assess signs of sexual abuse and assault;

•

How to preserve physical evidence of sexual abuse and
assault;

•

How to respond effectively and professionally to victims of
sexual abuse and assault;

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iv.

2.

D.

14-2

•

How and to whom to report allegations of sexual abuse and
assault; and

•

How to preserve physical evidence of sexual abuse and
assault. (115.35 (b)(1-4))

In the absence of a victim advocate, the Victim Services Coordinator
may provide residents with confidential emotional support services
related to sexual abuse and assault. However, prior to rendering such
services, the Victim Services Coordinator must receive documented
training in crisis intervention.

c.

Employees shall be required to confirm, by either electronic or manual
signature, their understanding of the received training. Signed documentation
will be maintained in the employee's training file.

d.

The 14-2A Policy Acknowledgement form shall be completed by each
employee serving as verification of the employee's review and understanding of
the contents of this policy. The completed forms will be maintained by the
Manager, Human Resources. A newly signed 14-2A Policy Acknowledgement
form will be required for future revisions of this policy as determined by the
General Counsel or designee.

Civilians/Contractors
a.

All civilians/contractors who have contact with residents shall receive training
on their responsibilities pertaining to sexual abuse and assault prevention,
detection, reporting, and response as outlined in this policy. (115.32(a))

b.

The level and type of training provided to civilians/contractors shall be based on
the services they provide and level of contact they have with residents. All
civilians/contractors who have contact with residents shall be notified of CCA's
zero-tolerance policy regarding sexual abuse and assault and informed how to
report such incidents. (115.32(b))

c.

Civilians/contractors shall be required to confirm, by either electronic or manual
signature, their understanding of the received training. Signed documentation
will be maintained in the civilian or contractor's file. (115.32 (c))

d.

Civilians/contractors who have contact with residents on a recurring basis shall
be provided a copy of this policy prior to admission to the facility to begin their
assignment or task.

e.

The 14-2A Policy Acknowledgement form serves as verification of the civilian's
or contractor's review and understanding of the contents of this policy and shall
be completed by each civilian or contractor who has contact with residents.
The completed forms will be maintained by the Manager, Human Resources. A
newly signed 14-2A, Policy Acknowledgement form, will be required for future
revisions of this policy as determined by the General Counsel or designee.

STAFFING
1.

FSC will develop, in coordination with the facility, comprehensive resident supervision
guidelines to determine and meet the facility's resident supervision needs, and shall
review those guidelines at least annually. (115.13 (b)) Each facility will ensure sufficient
supervision of residents, including through appropriate staffing levels and, where
applicable, video monitoring, to protect residents against sexual abuse and assault.
(115.13 (a))

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2.
In calculating staffing levels and determining the need for video monitoring, the
following factors shall be taken into consideration:

3.

a.

Generally accepted detention and correctional practices;

b.

Any judicial findings of inadequacy;

c.

All components of the facility's physical plant;

d.

The composition of the resident population;

e.

The prevalence of substantiated and unsubstantiated incidents of sexual abuse
and assault;

f.

Findings and recommendations of sexual abuse and assault incident review
reports; and

g.

Any other relevant factors, including but not limited to the length of time
residents spend in agency custody. (115.13 (c))

Annual PREA Staffing Plan Assessment
Whenever necessary, but no less frequently than once each year, for each CCA facility,
an annual PREA staffing plan assessment will be completed.
a.

The PREA Compliance Manager will complete the 14-2I Annual PREA Staffing
Plan Assessment and forward to the Facility Administrator for review. Upon
completion of the Facility Administrator's review, the 14-2I Annual PREA
Staffing Plan Assessment will be forwarded to the FSC PREA Compliance
Coordinator.

b.

In consultation with the Vice President, Correctional Programs, the FSC PREA
Compliance Coordinator shall assess, determine, and document whether
adjustments are needed to:

c.

E.

i.

The staffing plan established pursuant to this section;

ii.

The facility's deployment of video monitoring systems and other
monitoring technologies; and

iii.

The resources the facility has available to commit to ensure adherence
to the staffing plan.

Any changes to policy and/or procedure, physical plant, approved capital
expenditures, video monitoring and/or technology, or staffing require the
approval of the Vice President, Correctional Programs.

SUPERVISION AND MONITORING
1.

2.

Supervision
a.

Staff, including supervisors, shall conduct frequent unannounced facility rounds
to identify and deter sexual abuse and assault of residents. Such inspections
shall be implemented for night, as well as day, shifts. The occurrence of such
rounds shall be documented in the applicable log (e.g. ADO, post log, shift
report, etc.). This practice shall be implemented for all shifts and all areas
where residents are permitted.

b.

Employees shall be prohibited from alerting other employees that security
inspections are occurring, unless such announcement is related to the
legitimate operational functions of the facility. (115.13 (d))

Resident Monitoring

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Residents identified in the intake screening (pursuant to Section 14-2.4(H) below) as
having experienced prior sexual victimization or perpetrated sexual abuse and assault,
will be immediately referred, as appropriate, to a qualified medical or mental health
practitioner for medical and/or mental health follow-up as appropriate. (115.81 (a))

F.

G.

a.

When a referral for medical follow-up is initiated, the resident shall receive a
health evaluation no later than two (2) working days from the date of
assessment. (115.81 (b))

b.

When a referral for mental health follow-up is initiated, the resident shall receive
a mental health evaluation no later than seventy-two (72) hours after the
referral. (115.81 (c))

c.

The facility shall attempt to conduct a mental health evaluation of all known
resident-on-resident abusers within sixty (60) days of learning of such abuse
history and offer treatment when deemed appropriate by mental health
practitioners.

EXTERNAL VICTIM ADVOCATES AND SUPPORT SERVICES
1.

CCA shall maintain or attempt to enter into Memorandums of Understanding (MOU) or
other agreements with community service providers or, if local providers are not
available, with national organizations that provide legal advocacy and confidential
emotional support for immigrant victims of crimes. (115.53 (a)) Before developing or
attempting to enter into an MOU, the facility shall contact the FSC Assistant General
Counsel, Vendor Contracts.
CCA shall maintain copies of agreements or
documentation showing attempts to enter into such agreements.

2.

Each facility shall establish, in writing, procedures to include outside agencies in the
facility's sexual abuse and assault prevention and intervention protocols, if such
resources are available. (115.53 (b))

3.

Residents shall be provided access to outside victim advocates for emotional support
services related to sexual abuse and assault by giving residents mailing addresses and
telephone numbers, including toll-free hotline numbers where available, of local, state,
or national victim advocacy or rape crisis organizations. Such information shall be
included in the facility's Resident Handbook. The facility shall enable reasonable
communication between residents and these organizations and agencies, in as
confidential a manner as possible. (115.53 (c))

4.

Residents shall be informed, prior to giving them access, of the extent to which such
communications shall be monitored and the extent to which reports of abuse will be
forwarded to authorities in accordance with mandatory reporting laws. (115.53 (d))

5.

As requested by the victim, the presence of his or her outside or internal victim
advocate, including any available victim advocacy services offered by a hospital
conducting a forensic exam, shall be allowed for support during a forensic exam and
investigatory interviews (115.21 (d))

SEXUAL ASSAULT RESPONSE TEAM (SART)
1.

Each facility will establish a SART which includes the following positions:
a.

PREA Compliance Manager;

b.

Medical representative;

c.

Security representative;

d.

Mental health representative; and

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e.

Victim Services Coordinator.
NOTE: The medical and/or mental health professional may serve as the
facility's Victim Services Coordinator. The facility Victim Services Coordinator
will not be a member of security.

2.

3.

The SART responsibilities shall include the following:
a.

Responding to reported incidents of sexual abuse and assault;

b.

Responding to victim assessment and support needs;

c.

Ensuring policy and procedures are enforced to enhance resident safety; and

d.

Participating in the development of practices and/or procedures that encourage
prevention and intervention of sexual abuse and assault and enhance
compliance with DHS PREA Standards.

SART Member Responsibilities
a.

The PREA Compliance Manager will:
i.

Review the facility’s response to sexual abuse and assault allegations,
with the Administrator or designee, to ensure the policy is implemented
effectively and victim needs are addressed;

ii.

Serve as a primary liaison with local law enforcement or delegate this
responsibility to the facility investigator;

iii.

Ensure the completion of the 14-2C, Sexual Abuse Incident Check
Sheet; and

iv.

Ensure that thirty/sixty/ninety (30/60/90) day monitoring is conducted
by the designated staff, following a substantiated or unsubstantiated
allegation of sexual abuse and assault, to protect against potential
retaliation against residents or employees. This shall include periodic
status checks of residents and review of relevant documentation
(including any resident disciplinary reports housing or program
changes, or negative performance reviews or reassignments of staff).

v.
b.

•

Monitoring shall be documented on the 14-2D PREA
Retaliation Monitoring Report (30/60/90) form.

•

Monitoring shall continue beyond ninety (90) days if the initial
monitoring indicates a continuing need. (115.67 (c))

Ensure prompt actions are taken to remedy any identified retaliation.
(115.67 (c)).

The medical representative will:
i.

Ensure that the facility’s medical staff respond appropriately in
medically stabilizing an alleged victim before assessment by a
community medical provider, if medically indicated; and

ii.

Address any ongoing medical care needs following the incident.

iii.

Additionally, the medical representative will ensure compliance with the
following:
•

In accordance with PREA Standard 115.82, resident victims of
sexual abuse and assault receive timely, unimpeded access to
emergency medical treatment and crisis intervention services,

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the nature and scope of which are determined by medical and
mental health practitioners according to their professional
judgment.

•

c.

d.

§

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 and shall
immediately notify the appropriate medical and mental
health practitioners.

§

Resident victims of sexual abuse and assault while
detained 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.

§

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.

In accordance with PREA Standard 115.83, the facility shall
offer medical and mental health evaluation and, as appropriate,
treatment to all residents who have been victimized by sexual
abuse or assault in a detention facility.
§

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.

§

The facility shall provide such victims with medical and
mental health services consistent with the community
level of care.

§

Resident victims of sexually abusive vaginal
penetration while detained shall be offered pregnancy
tests.

The security representative will:
i.

Ensure resident safety needs are addressed, including separating the
alleged victim and perpetrator; and

ii.

Ensure employee responses to reports of sexual abuse and assault are
timely and consistent with policy.

The mental health representative will:
i.

Ensure the alleged victim is assessed;

ii.

Ensure mental health needs are addressed according to policy and
local procedure; and

iii.

Attempt to conduct a mental health evaluation of all know resident-onresident abusers within sixty (60) days of learning of such abuse history

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and offer treatment when deemed appropriate by mental health
practitioners.
e.

The Victim Services Coordinator will:
i.

H.

Offer and attempt to obtain the services of a victim advocate from a
rape crisis center to assist the alleged victim; however, the victim may
choose to decline to access a victim advocate. A victim advocate can
be requested at any time following an allegation of sexual abuse or
assault; there is no time limitation.
•

Efforts to identify and utilize a victim advocate shall be
documented on the 14-2C, Sexual Abuse Incident Check Sheet
via the IRD.

•

In the absence of a victim advocate, the Victim Services
Coordinator will provide residents with confidential emotional
support services related to sexual abuse and assault if the
person is trained in crisis intervention.

ii.

Ensure that residents are aware they may access additional victim
resources through community victim resource agencies; and

iii.

Ensure that alleged victims are informed of their rights to care and
protection from further victimization.

RESIDENT SCREENING
1.

Initial
The facility shall assess all residents on intake to identify those likely to be sexual
aggressors or sexual abuse and assault victims and shall house residents to prevent
sexual abuse and assault, taking necessary steps to mitigate any such danger. (115.41
(a)) Upon admission to the facility, residents shall be screened by staff assigned to
perform the initial intake screening process in order to obtain information relevant to
housing, voluntary work, education, and program assignments with the goal of keeping
separate those residents at high risk of being sexually victimized from those at high risk
of being sexually abusive. The screening shall identify past victims and/or predators
and assess vulnerability to sexual abuse and assault victimization.
Residents with a history of sexually assaultive behavior shall not be eligible for
placement in a family residential center and shall be refused admission and
immediately transferred to a secure facility. Residents identified as "high risk" of
sexually assaultive behavior shall not be eligible for placement in a family residential
center and shall be refused admission and immediately inform ICE/ERO. (ICE RS 2.7)
a.

Each new arrival shall be kept separate from the general population until
he/she is classified and may be housed accordingly. (115.41 (a)) Residents
shall be screened, and the initial housing assignment should be completed
within 12 hours of admission to the facility. (115.41 (b))

b.

Screenings shall include interview questions and a review of the resident's
institutional file (or other documentation provided). Prior convictions of this type
will also be considered. Screenings will be completed and documented using
the 14-2B, Sexual Abuse Screening Tool, with referrals to Classification/Unit
Staff and the Health Services Department for further evaluation and screening
as necessary, unless the facility management contract requires otherwise.
(115.41 (c))

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AT THIS FACILITY, THE FOLLOWING SCREENING TOOL IS USED IN LIEU
OF THE 14-2B SEXUAL ABUSE SCREENING TOOL:

2.

c.

All completed 14-2B forms, or agency equivalent, will be maintained in the
resident's central file, with a copy forwarded to the resident's medical record
and/or, where applicable, the resident's electronic records.

d.

Screening of residents should only be used as a guideline for determining
appropriate housing and services and should never be used as the sole reason
for the deprivation of a program or privilege.

Reassessment
A reassessment of the resident's risk level of victimization or abusiveness will be
conducted by the appropriate Case Manager or a staff member designated by the
Administrator. The reassessment shall occur:
a.

Between sixty (60) and ninety (90) days of the resident's arrival at the facility.
The reassessment will include any additional relevant information received by
the facility since the initial intake screening; and (115.41 (e))

b.

When warranted, due to a referral, request, incident of sexual abuse, or receipt
of additional information that may impact the resident's risk of victimization or
abusiveness. (115.41 (e))

NOTE: The 14-2B Sexual Abuse Screening Tool will be used for completing the reassessment.
3.

Resident Refusal to Disclose
Residents may not be disciplined for refusing to answer, or for not disclosing complete
information, in response to questions asked pursuant to the following:

I.

a.

Whether the resident has a mental, physical, or developmental disability;

b.

Whether the resident is or is perceived to be LGBTI or Gender NonConforming;

c.

Whether the resident has previously experienced sexual victimization; or

d.

The resident's own perception of vulnerability. (115.41 (f))

RESIDENT ORIENTATION AND EDUCATION
1.

Upon arrival at the facility, all residents shall be provided written information regarding
sexual abuse and assault prevention and reporting (e.g. resident handbook, 14-2AA
Preventing Sexual Abuse brochure, etc.). (115.33 (a) and (c)) Additionally, an
orientation will be conducted during the intake process to include comprehensive
information about the following topics:
a.

CCA's zero tolerance policy regarding all forms of sexual abuse and assault;

b.

Prevention and intervention strategies;

c.

Definitions and examples of resident-on-resident sexual abuse and assault,
staff-on-resident sexual abuse and assault and coercive sexual activity;

d.

Explanation of methods for reporting sexual abuse and assault, including to any
staff member, to include a staff member other than an immediate point-ofcontact line officer (e.g. the compliance manager or a mental health specialist,

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the DHS Office of Inspector General, the ICE Joint Intake Center, and the ICE
Detainee Reporting and Information Line (DRIL);

2.

J.

e.

Information about self-protection and indicators of sexual abuse and assault;

f.

Prohibition against retaliation, including an explanation that reporting sexual
abuse and assault shall not negatively impact the resident's immigration
proceedings; and

g.

The right of a resident who has been subjected to sexual abuse and assault to
receive treatment and counseling. (115.33 (a)(1-6))

Residents will be provided education (notification, orientation, and instruction) in
formats accessible to all residents, including those who are limited English proficient,
deaf, visually impaired, or otherwise disabled, as well as to residents who have limited
reading skills. (115.33 (b)) (115.16 (a))
a.

In the event a resident has difficulty understanding provided information and/or
procedures outlined in this policy, employees must ensure that such information
is effectively communicated to such residents on an individual basis. (115.16
(b))

b.

Auxiliary aids that are reasonable, effective, and appropriate to the needs of the
resident shall be provided when simple written or oral communication is not
effective. (115.16 (b))

3.

The facility shall maintain documentation of resident participation in educational
sessions pertaining to sexual abuse and assault. (115.33 (c))

4.

In addition to providing such education, the facility shall post on all housing unit bulletin
boards the following notices: (115.33 (d))
a.

The ICE prescribed sexual assault awareness notice (see 14-2.7 Appendices);

b.

The name of the Compliance Manager; and

c.

The name of local organizations that can assist residents who have been
victims of sexual abuse and assault.

5.

The facility shall make available and distribute the DHS prescribed Sexual Assault
Awareness Information pamphlet. (115.33 (e))

6.

Information about reporting sexual abuse and assault shall be included in the resident
handbook and made readily available.

HOUSING AND PROGRAM ASSIGNMENTS
1.

LGBTI and Gender Non-Conforming
a.

In deciding whether to house a transgender or intersex resident in a male
housing unit/area or a female housing unit/area, or when making other housing
and programming assignments for such residents, the facility shall consider the
transgender or intersex resident's gender self-identification and an assessment
of the effect of placement and shall consider on a case-by-case basis whether
such a placement would ensure the resident's health and safety. The facility
shall consult a medical or mental health professional as soon as practicable on
this assessment. The facility should not base placement decisions on
transgender or intersex residents solely on the identity documents or physical
anatomy of the resident; a resident's self-identification of his/her gender and
self-assessment of safety needs shall always be taken into consideration as
well. (115.42 (b))

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b.

2.

K.

Placement and programming assignments for each transgender or intersex
resident shall be reassessed at least twice each year to review whether any
threats to safety were experienced by the resident. (115.42 (b))

Segregation Housing
a.

Use of Administrative Segregation to protect residents at high risk for sexual
abuse and assault shall be restricted to those instances where reasonable
efforts have been made to provide appropriate housing and shall be made for
the least amount of time practicable, and when no other viable housing options
exist, as a last resort. (115.42 (b))

b.

Residents vulnerable to sexual abuse and assault should be assigned to
administrative segregation for their protection until an alternative means of
separation from likely abusers can be arranged, and such an assignment shall
not ordinarily exceed a period of thirty (30) days. (115.43 (b)) Staff shall
document detailing reasons for placement of an individual in administrative
segregation on the basis of a vulnerability to sexual abuse and assault. (115.43
(a))

c.

If involuntary segregated housing is warranted as outlined above in J.2.b., the
facility will take the following actions:
i.

A supervisory staff member shall conduct a review within seventy-two
(72) hours of the resident's placement in segregation to determine
whether segregation is still warranted; and

ii.

A supervisory staff member shall conduct, at a minimum, and identical
review after the resident has spent seven days in administrative
segregation, and every week thereafter for the first thirty (30) days and
every ten (10) days thereafter. (115.43 (d)(1-2))

d.

Facilities shall notify the appropriate ICE Field Office Director no later than
seventy-two (72) hours after the initial placement into segregation, whenever a
resident has been placed in segregation on the basis of a vulnerability to sexual
abuse or assault. (115.43 (e)) The facility staff will also contact the FSC PREA
Coordinator in such circumstances.

e.

Residents placed in segregated housing for this purpose shall have access to
programs, privileges, education, and work opportunities to the maximum extent
possible. If access to programs, privileges, education, or work opportunities is
restricted, the facility shall document the following:
i.

The opportunities that have been limited;

ii.

The duration of the limitation; and

iii.

The reasons for such limitations. (115.43 (c))

SEARCHES AND OBSERVATION
1.

Cross-Gender
a.

Cross-gender resident strip searches and/or body cavity searches shall not be
conducted except in exigent circumstances (that is, temporary unforeseen
circumstances that require immediate action in order to combat a threat to
security or institutional order) or when performed by medical practitioners. Body
cavity searches will not be performed on juveniles and, instead, shall be
referred to medical personnel. (115.15 (e)) Facility staff shall not conduct visual
body cavity searches of juveniles and, instead, shall refer all such body cavity

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searches of juveniles to a medical practitioner. All strip searches and visual
body cavity searches shall be documented. (115.15 (f))
b.

Cross-gender resident frisk/pat searches of female residents by male
employees is prohibited except in exigent circumstances (that is, temporary
unforeseen circumstances that require immediate action in order to combat a
threat to security or institutional order). Cross-gender frisk/pat searches of
male residents shall not be conducted unless, after reasonable diligence, staff
of the same gender is not available at the time the frisk/pat search is required
or in exigent circumstances. (115.15 (b)(c))

c.

All cross-gender frisk/pat searches will be documented in a log book. If a strip
search of any resident does occur, the search shall be documented on the 5-1B
Notice to Administration (NTA) (refer to CCA Policy 5-1 Incident Reporting).
(115.15 (d))

2.

Searches or physical examination of a transgender or intersex resident for the sole
purpose of determining the resident's genital status is prohibited. If the resident's
genital status is unknown, it may be determined during conversations with the resident,
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. (115.15 (i))

3.

Pat and strip searches of transgender/intersex residents will be completed by a staff
member of the same sex the resident has been classified by the customer/partner
agency. Searches of breasts will be completed using the back and/or side of the hand.

4.

Residents may shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing them, except in exigent circumstances
(that is, temporary unforeseen circumstances that require immediate action in order to
combat a threat to security or institutional order) or when such viewing is incidental to
routine living quarter checks. (115.15 (g))

5.

Family Residential Facility residents shall be permitted to shower, perform bodily
functions, and change clothing without being viewed by staff, except in exigent
circumstances or when such viewing is incidental to routine checks or in otherwise
appropriate in connection with a medical examination or monitored bowel movement.
(115.15 (h))

6.

Transgender and intersex residents shall be given the opportunity to shower separately
from other residents. (115.42 (c))
a.

7.

L.

AT THIS FACILITY, PROCEDURES FOR SHOWERING TRANSGENDER
AND INTERSEX RESIDENTS SEPARATE FROM OTHER RESIDENTS ARE:

Employees of the opposite gender must announce their presence when entering an
area where residents are likely to be showering, performing bodily functions, or
changing clothing. (115.15 (g))

REPORTING SEXUAL ABUSE AND ASSAULT
1.

Resident Reporting
a.

Residents shall be encouraged to immediately report pressure, threats, or
instances of sexual abuse and assault, as well as possible retaliation by other
residents or employees for reporting sexual abuse and staff neglect or violation
of responsibilities that may have contributed to such incidents. The facility shall

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provide instructions on how detainees may contact their consular official, the
DHS Office of the Inspector General and the ICE DRIL Hotline, to confidentially
land, if desired, anonymously, report any incident. Residents who are victims
of sexual abuse have the option to privately report an incident to a designated
employee other than an immediate point-of-contact line officer by using any of
the following methods: (115.51 (a) and (b))
i.

Submitting a request to meet with Health Services staff and/or reporting
to a Health Services staff member during sick call;

ii.

Calling the facility's twenty-four (24) hour toll-free notification telephone
number;

iii.

Verbally telling any employee, including the facility Chaplain;

iv.

Forwarding a letter, sealed and marked “confidential”, to the Facility
Administrator or any other employee;

v.

Calling or writing someone outside the facility who can notify facility
staff;

vi.

Contacting their respective consular office; and/or

vii.

Forwarding a letter to the FSC PREA Coordinator at the following
address:
10 Burton Hills Boulevard
Nashville, TN 37215
AT THIS FACILITY, ADDITIONAL RESIDENT REPORTING
METHODS REQUIRED BY THE CONTRACTING AGENCY ARE:

2.

b.

Unless otherwise mandated by contract, alleged PREA incidents will not
be processed through the facility's resident grievance process.
Residents will be permitted to file a formal grievance related to sexual
abuse at any time during, after, or in lieu of lodging an informal grievance
or complaint. The facility shall not impose a time limit on when a detainee
may submit a grievance regarding an allegation of sexual abuse. The
facility shall issue a decision on the grievance within five (5) days of
receipt and shall respond to an appeal of the grievance decision within
thirty (30) days. Facilities shall send all grievances related to sexual
abuse and the facility's decisions with respect to such grievances to the
appropriate ICE Field Office Director at the end of the grievance process.

c.

Should a report be submitted and received as a resident grievance,
whether inadvertently or due to contracting agency requirements, it will
immediately be referred to the facility investigator or Administrative Duty
Officer. (115.52)

Employee Reporting Duties
a.

Employees must take all allegations of sexual abuse and assault seriously,
including verbal, anonymous and third-party reports, and treat them as if the
allegation is credible. Staff shall promptly document any verbal reports. (115.51
(c)) All reports of sexual abuse and assault will be reported to the facility
investigator. (115.61 (b)) Employees having contact with the alleged victim
should behave in a manner that is sensitive, supportive, and non-judgmental.

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i.

ii.

All employees are required to immediately report:
•

Any knowledge, suspicion, or information regarding an incident
of sexual abuse or assault that occurred in the facility in
accordance with this policy, whether or not the area is under
CCA's management authority;

•

Retaliation against residents or employees who have reported
such an incident; and

•

Any employee neglect or violation of responsibilities that may
have contributed to an incident or retaliation. (115.61 (a))

Employees who fail to report allegations may be subject to disciplinary
action.

b.

Apart from reporting to designated supervisors or officials, employees shall not
reveal any information related to a sexual abuse report to anyone other than to
the extent necessary, and as specified in this policy, to make treatment,
investigation, and other security and management decisions. (115.61 (c))
When it is learned that a resident is subject to a substantial risk of
imminent sexual abuse, immediate action shall be taken to protect the
resident. (115.62)

c.

Employees may privately report sexual abuse and assault of residents by
forwarding a letter, sealed and marked “confidential”, to the Facility
Administrator. (115.61 (a))

d.

Unless otherwise precluded by federal, state, or local law, medical and mental
health professionals shall be required to follow reporting procedures as outlined
above in L.2.a. At the initiation of providing medical care, both medical and
mental health professionals will inform residents of their professional duty to
report and the limitations of confidentiality. (115.61 (c)) Medical and mental
health practitioners shall obtain informed consent from resident before reporting
information about prior sexual victimization that did not occur in an institutional
setting, unless the resident is under the age of eighteen (18). (115.81 (e))

e.

If the alleged victim is under the age of eighteen (18) or considered a
vulnerable adult under a state or local vulnerable person's statute, the
allegation shall be reported to the designated state or local services agency
under applicable mandatory reporting laws. (115.61 (d))
AT THIS FACILITY, THE DESIGNATED
REPORTING AGENCY (IES) IS:

3.

STATE

AND/OR

LOCAL

Anonymous Reporting
a.

Each facility shall provide at least one way for residents to report abuse to a
public or private entity or office that is not part of CCA, and that is able to
receive and immediately forward resident reports of sexual abuse and assault
to facility officials, allowing the resident to remain anonymous upon request
(115.51 (a))

b.

Residents may also anonymously report abuse through the ICE DRIL and the
DHS OIG Hotline. Both are reporting options outside of CCA; and the OIG
Hotline provides an option to report outside of ICE.

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AT THIS FACILITY, THE FOLLOWING ANONYMOUS REPORTING MECHANISM
AND PROCESS HAS BEEN ESTABLISHED:

4.

Third Party Reporting
Each facility shall establish a method to receive third-party reports of sexual abuse and
assault and shall post this information on the facility PREA link. (115.54)

M.

RESPONSE PROCEDURES
1.

Any employee who discovers or learns of sexual abuse and assault, or an allegation of
sexual abuse and assault, shall ensure that the following actions are accomplished:
a.

The alleged victim is kept safe, has no contact with the alleged perpetrator, and
is immediately escorted to the Health Services Department. (115.64 (a)(1))
i.

The Health Services Department is responsible for medical stabilization
and assessment of the victim until transported to an outside medical
provider, if medically indicated, for collection of evidence and any
necessary medical treatment. CCA will request, in writing, that the
examination be performed by a Sexual Assault Forensic Examiner
(SAFE) or Sexual Assault Nurse Examiner (SANE). If a SAFE or
SANE provider is not available, the examination may be performed by
other qualified medical practitioners.
•

The Health Services Department shall provide services in
accordance with CCA Policy 13-79 Sexual Assault Response,
unless otherwise mandated by contract.
AT THIS FACILITY, THE FOLLOWING CONTRACTUALLYREQUIRED POLICY IS USED IN LIEU OF CCA POLICY 1379:

ii.

If the abuse occurred within a time period that still allows for the
collection of physical evidence, employees shall, to the best of their
ability, ensure that the victim does not wash, shower, remove clothing
without medical supervision, use the restroom facilities, eat, drink or
brush his/her teeth. (115.64 (a)(3))

b.

The highest ranking authority onsite is immediately notified and will further
ensure to protect the safety of the victim and the integrity of the crime scene
and any investigation. (115.54 (a)(2))

c.

When the alleged perpetrator is a resident, he/she is removed from the general
population or otherwise separated and held in a medical unit in the event
evidence collection is required.

d.

All acquired information concerning the allegation is kept confidential by
discussing the information with only those employees who have a direct need
to know.

e.

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 notify security staff. (115.64 (b))

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f.
2.

An incident statement is written in accordance with CCA Policy 5-1 Incident
Reporting.

Upon notification of alleged sexual abuse and assault, the highest ranking authority
onsite shall ensure that the following actions are accomplished:
a.

When the alleged perpetrator is a resident, in order to preserve any evidence,
the alleged perpetrator is not allowed to wash, shower, brush his/her teeth, use
the restroom facilities, change clothes, or eat or drink while he/she is removed
from the general population or otherwise separated and held in a medical unit.
(115.64 (a)(4))

b.

The PREA Compliance Manager and the Facility Administrator or ADO are
immediately notified of the allegation.

c.

While in the Health Services Department, a brief statement is obtained from the
alleged victim concerning the incident.
i.

d.

3.

Based upon the alleged victim’s statement regarding the location and
time of the incident, ensure any crime scene is preserved. These
actions shall include the following:
•

Sealing access to the immediate area of the scene, if possible;

•

Photographing the scene and visible evidence at the scene
(e.g. tissue or blood); and

•

Securing any available recorded video footage of the affected
area.

If a victim of sexual abuse and assault is transferred between facilities, the
sending facility shall, as permitted by law, inform the receiving facility of the
incident and the victim's potential need for medical or social services. (115.65
(c))

If the allegation involves events that took place while the alleged victim was not in CCA
custody (e.g. while housed at another provider's facility), the following actions shall be
taken:
a.

The Facility Administrator that received the allegation shall contact the facility
head or appropriate office of the facility where the alleged abuse took place as
soon as possible, but no later than seventy-two (72) hours after receiving the
allegation. (115.63 (a)(b))

b.

Determine whether the allegation was reported and investigated.

c.

i.

If the allegation was reported and investigated by the appropriate
officials, the facility shall document the allegation, the name and title of
the person contacted, and that the allegation has already been
addressed. Under this circumstance, further investigation and
notification need not occur.

ii.

If the allegation was not reported or not investigated, a copy of the
statement of the resident shall be forwarded to the appropriate official
at the location where the incident was reported to have occurred.

All such contacts and notifications shall be documented on the 5-1B Notice to
Administration; including the allegation, any details learned from contact with
the site where the alleged abuse took place, and the facility's response to the
allegation. (115.63 (c))

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d.
4.

If an allegation is received a notification from another facility, he/she will ensure
the allegation is investigated. (115.63 (d))

The PREA Compliance Manager, Facility Administrator, or Administrative Duty Officer
will ensure that the following is completed:
a.

The PREA Compliance Manager, Facility Administrator or designee shall
immediately report all allegations of rape, sexual assault, or employee-onresident sexual misconduct to state or local law enforcement agencies for
criminal investigation if the allegation is potentially criminal in nature. The
reporting party should request guidance from the law enforcement agency(ies)
in preserving the crime scene and coordinating an investigation.
AT THIS FACILITY, SUCH ALLEGATIONS ARE REPORTED TO THE
FOLLOWING LAW ENFORCEMENT/GOVERNMENTAL ENTITY:

5.

b.

Ensure the alleged perpetrator is removed from the general population pending
an investigation into the allegation.
Ensure the alleged victim is
separated/isolated from the alleged perpetrator until completion of the
investigation.

c.

Resident victim should be placed in a supportive environment that represents
the least restrictive housing option possible. Resident victims shall not be held
for longer than five (5) days in any type of administrative segregation, except in
highly unusual circumstances or at the request of the resident. A resident
victim who has been in protective custody after sexual abuse and assault shall
not be returned to the general population until completion of a proper reassessment, taking into consideration any increased vulnerability as a result of
the abuse. The facility shall notify the ICE Field Office Director whenever a
resident victim has been held in segregation for seventy-two (72) hours
(115.68)

d.

If the allegation involves an employee, ensure steps are taken to place this
person in a non-resident contact role.

e.

Immediately notify the applicable Field Office Director.

f.

Ensure that medical and mental health referrals are completed.

g.

Ensure that an investigation is initiated and documented. No investigations will
be completed by the facility investigator until law enforcement has been notified
and informed the facility whether they (i.e. law enforcement) will handle the
investigation.

h.

Ensure appropriate incident reports are completed in accordance with CCA
Policy 5-1 Incident Reporting.

i.

Review any video recordings of the alleged crime scene from the time period
implicated by the allegation. Ensure all video recordings are secured and
preserved from the time period implicated by the allegation.

A preliminary review of the incident and the facility’s response shall be conducted fortyeight (48) to seventy-two (72) hours following a reportable PREA incident. The review
will be convened by the FSC Managing Director, Operations, responsible for the facility.
a.

Participants will include the facility PREA Compliance Manager, Facility
Administrator, facility Investigator, FSC Managing Director, and/or FSC Vice

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President of the Business Unit involved, and other FSC PREA committee
members.
b.

N.

i.

Discussion of the incident, and whether the incident response meets
applicable standards;

ii.

Appropriate categorization of the incident report;

iii.

Completion of required notifications;

iv.

A request for law enforcement involvement; and

v.

Whether any employee actions or failures to act contributed to the
sexual abuse and assault.

POST INVESTIGATION REVIEW
1.

The Facility Administrator will ensure that a post investigation review of a sexual abuse
and assault incident is conducted at the conclusion of every sexual abuse and assault
investigation and, where the allegation was not determined to be unfounded, prepare a
written report within thirty (30) days of the conclusion of the investigation. (115.86 (a))
a.

2.

O.

At a minimum, the review shall include:

In addition to the Facility Administrator, the incident review team shall include
upper-level facility management and the facility SART, with input from line
supervisors, investigators, and medical or mental health practitioners.

The review team shall:
a.

Consider whether the allegation or investigation indicates a need to change
policy or practice to better prevent, detect, or respond to sexual abuse and
assault; (115.86 (a))

b.

Consider whether the incident or allegation was motivated by race; ethnicity;
gender identity; LGBTI and/or Gender Non-Conforming identification, status, or
perceived status; or gang affiliation; or was motivated or otherwise caused by
other group dynamics at the facility; (115.86 (b))

c.

Examine the area in the facility where the incident allegedly occurred to assess
whether physical barriers in the area may enable abuse;

3.

All findings and recommendations for improvement will be documented on the 14-2F
Sexual Abuse Incident Review Report. Completed 14-2F forms will be forwarded to the
Facility Administrator, the PREA Compliance Manager, and the FSC PREA Compliance
Coordinator. (115.86 (d)(6))

4.

The facility shall implement the recommendations for improvement or shall document
reasons for not doing so. Both the report and response shall be forward to the FSC
PREA Coordinator and the ICE Prevention of Sexual Assault Coordinator. (115.86 (e))

5.

Each facility shall conduct an annual review of the all sexual abuse investigations and
resulting incident reviews to assess and improve sexual abuse and assault intervention,
prevention and response efforts. If the facility has not had any reports of sexual abuse
and assault during the annual reporting period, then the facility shall prepare a negative
report. The results and findings of the annual review shall be provided to the Facility
Administrator, FSC PREA Compliance Manager, ICE Field Office Director, and the ICE
PSA Coordinator. (115.86 (c))

ADMINISTRATIVE AND CRIMINAL INVESTIGATIONS

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The Facility Administrator shall ensure that an administrative investigation and a referral for a
criminal investigation, where appropriate, are completed for all allegations of sexual abuse or
assault. (115.22 (a) 115.71) Upon conclusion of a criminal investigation where the allegation
was substantiated, an administrative investigation shall be conducted. Upon conclusion of a
criminal investigation where the allegation was unsubstantiated, the facility shall review any
available completed criminal investigation reports to determine whether an administrative
investigation is necessary or appropriate.
1.

Administrative Investigation
a.

Upon conclusion of a criminal investigation where the allegation was
substantiated, the facility shall review any available completed criminal
investigation reports to determine whether an administrative investigation is
necessary or appropriate. Administrative investigations shall be conducted
after consultation with the appropriate investigative office within DHS, and the
assigned criminal investigative entity. Administrative investigations will include:
i.

Preservation of direct and circumstantial evidence, including any
available physical and DNA evidence and any available electronic
monitoring data;

ii.

Interviewing alleged victims, suspected perpetrators, and witnesses;

iii.

Reviewing prior complaints and reports of sexual abuse and assault
involving the suspected perpetrator;

iv.

Assessment of the credibility of an alleged victim, suspect, or witness,
without regard to the individual's status as resident, staff, or employee,
and without requiring any resident who alleges sexual abuse and
assault to submit to a polygraph;

v.

An effort to determine whether actions or failures to act at the facility
contributed to the abuse;

vi.

Documentation of each investigation by written report, which shall
include a description of the physical and testimonial evidence, the
reasoning behind credibility assessment and investigation facts and
findings; and

vii.

Retention of such reports for as long as the alleged abuser is detained
or employed by the agency or facility, plus five (5) years.

NOTE: Such procedures shall govern the coordination and sequencing of
administrative and criminal investigations, in accordance with Section a. above,
to ensure that the criminal investigation is not compromised by an internal
administrative investigation.
b.

When an administrative investigation is undertaken, the facility shall impose no
standard higher than a preponderance of the evidence in determining whether
allegations of sexual abuse and assault are substantiated. The departure of
the alleged abuser or victim from the employment or control of the facility shall
not provide a basis for terminating an investigation. When outside agencies
investigation sexual abuse and assault, the facility shall cooperate with outside
investigators and endeavor to remain informed about the progress of the
investigation.

c.

Such investigations shall be documented on the 5-1G Incident Investigation
Report via the IRD and shall detail the following components:

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2.

i.

Investigative facts (i.e. specific details about what actually happened);

ii.

Physical evidence (e.g. clothes collected, medical evidence, etc.);

iii.

Testimonial evidence (e.g. witness statements);

iv.

Review of prior complaints and reports of sexual abuse and assault
involving the suspected perpetrator;

v.

Reasoning behind credibility assessments (i.e. why is the person
deemed credible or not credible. Credibility shall be assessed on an
individual basis and shall not be determined by the person's status as a
resident or employee.); (115.71(c)(iv))

vi.

Investigative findings (i.e. discovery or outcome of the investigation);
and

vii.

Whether actions and/or failures of staff to act contributed to the
incident, including an explanation as to what determined the
conclusion.

Roles within a Criminal Investigation
a.

Whenever feasible, the facility shall enter into a written Memorandum of
Understanding (MOU) with the outside investigating agency or entity outlining
the roles and responsibilities of both the facility and the investigating entity in
performing sexual abuse investigations. Before developing or attempting to
enter into an MOU, the facility shall contact the FSC Assistant General
Counsel, Vendor Contracts. CCA shall maintain copies of agreements or
documentation showing attempts to enter into such agreements.
i.

3.

When outside agencies investigate sexual abuse and assault, the
facility shall cooperate with outside investigators and shall endeavor to
remain informed about the progress of the investigation. (115.71 (f))

b.

The facility investigator, as delegated by the PREA Compliance Manager
and/or Facility Administrator, shall establish a relationship with local law
enforcement agencies and prosecutors to develop a clear understanding of the
investigative guidelines and procedures during a criminal investigation of an
alleged sexual abuse and assault incident.

c.

Discussions with state or local law enforcement should articulate a delineation
of roles of the facility investigator and the law enforcement investigator.

d.

Facility employees will assist the state or local law enforcement by preserving
the integrity of the evidence so that cases are not lost based on lack of
evidence, improper technique, and/or lack of credibility.

Contracting Governmental Agencies with Required Internal Investigation Processes
a.

If the contracting governmental correctional agency utilizes an internal
investigative process required by contract, law, or regulation, that agency's
investigative process will be invoked for allegations of sexual abuse and
assault.

b.

AT
THIS
FACILITY,
ADDITIONAL
CONTRACTING
AGENCY
REQUIREMENTS PERTAINING TO THE INVESTIGATION OF RAPE,
SEXUAL ASSAULT, OR EMPLOYEE ON RESIDENT SEXUAL
MISCONDUCT ARE:

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4.

Responsibilities of the Investigating Entity
Investigations conducted by a facility employee for allegations of sexual abuse and
assault will be handled in accordance with the Code of Federal Regulations, Title 6,
Part 115.21, Evidence Protocol and Forensic Medical Examinations, as outlined below.
If the facility is not responsible for investigating such allegations, the facility shall
request that the responsible outside agency or entity (i.e. state or local law
enforcement, contracting agency, etc.) comply with these requirements. (115.21 (e))
a.

The investigating entity shall follow a uniform evidence protocol that maximizes
the potential for obtaining usable physical evidence for administrative
proceedings and criminal prosecutions. (115.21 (a))

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 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. (115.21 (a))

c.

The facility shall offer all victims of sexual abuse and assault access to forensic
medical examinations, whether onsite or at an outside facility, without financial
cost, where evidentiary or medically appropriate and only with the resident's
consent. Such examinations shall be performed by a SAFE or SANE where
possible. If SAFEs or SANEs cannot be made available, the examination can
be performed by other qualified medical practitioners. The investigating entity
shall document its efforts to provide SAFEs or SANEs. (115.21 (c))

d.

The investigating entity shall attempt to make available to the victim a victim
advocate from a rape crisis center. The investigating entity 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 agency) and offers a
comparable level of confidentiality as a non-governmental entity that provides
similar victim services. (115.21 (b))

e.

5.

P.

i.

If a rape crisis center is not available to provide victim advocate
services, the investigating entity shall make available a qualified staff
member from a community-based organization, or a qualified
investigating entity staff member, to provide these services.

ii.

The investigating entity shall document efforts to secure services from
rape crisis centers.

As requested by the victim, either the victim advocate, a qualified investigating
entity staff member, or qualified community-based organization staff member
shall accompany and support the victim through the forensic medical
examination process and investigatory interviews and shall provide emotional
support, crisis intervention, information, and referrals. (115.21 (d))

In any sexual abuse and assault investigation in which the facility is the primary
investigating entity, the facility shall utilize a preponderance of the evidence standard
for determining whether sexual abuse and assault has taken place. (115.72)

INCIDENT CLASSIFICATION

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All allegations of sexual abuse and assault shall be reported in accordance with CCA Policy 5-1
Incident Reporting.
1.

Incident Classification
a.

b.

Q.

R.

Following completion of the investigation, the allegation will be classified as
follows:
i.

Substantiated – An incident shall be classified as substantiated if the
results of the investigation determine that the allegation did occur.

ii.

Unsubstantiated – An incident shall be classified as unsubstantiated if
the results of the investigation determine that the evidence was
insufficient to make a final determination of whether or not the
allegation occurred.

iii.

Unfounded – An incident shall be classified as unfounded if the results
of the investigation determine the allegation did not occur.

The Facility Administrator will determine the appropriate classification of the
incident and ensure that the 5-1E PREA Reporting form (refer to CCA Policy 51 Incident Reporting) is completed and maintained with the incident packet.

RESIDENT NOTIFICATIONS
1.

When the resident is still in immigration detention, or where otherwise feasible,
following an investigation into a resident's allegation that he/she suffered sexual abuse
and assault at the facility, the resident shall be notified of the result of the investigation
and any responsive action taken. (115.73) If the facility did not conduct the
investigation, the relevant information shall be requested from the outside investigating
agency or entity in order to inform the resident.

2.

All resident notifications or attempted notifications shall be documented on the 14-2E
Resident Allegation Status Notification. The resident shall sign the 14-2E Resident
Allegation Status Notification, verifying that such notification has been received. The
signed 14-2E Resident Allegation Status Notification shall be filed in the resident's file.
(115.73 (e))

DISCIPLINARY PROCEDURES
1.

Residents
a.

Substantiated Incidents
i.

All residents found guilty of sexual abuse and assault shall be
disciplined in accordance with the facility disciplinary procedures.
(115.78 (a))

ii.

Because the burden of proof is substantially easier to prove in a
resident’s disciplinary case than in a criminal prosecution, a resident
may be institutionally disciplined even though law enforcement officials
decline to prosecute.

iii.

Sanctions shall be commensurate with the nature and circumstances of
the abuse committed, the resident's disciplinary history, and the
sanctions imposed for comparable offenses by other residents with
similar histories. (115.78 (b))

iv.

The disciplinary process shall consider whether a resident's mental
disabilities or mental illness contributed to his or her behavior when

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determining what type of sanction, if any, should be imposed. (115.78
(d))
v.

b.

2.

3.

A resident may be disciplined for sexual conduct with an employee only
upon a finding that the employee did not consent to such contact.
(115.78 (e))

Deliberate False Allegations
i.

Residents who deliberately allege false claims of sexual abuse and
assault can be disciplined. However, a report of sexual abuse and
assault 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.

ii.

The Facility Administrator or designee should contact law enforcement
to determine if a deliberately false accusation may be referred for
prosecution.

Employees
a.

Staff suspected of perpetrating sexual abuse and assault shall be removed
from all duties requiring resident contact pending the outcome of an
investigation. (115.66)

b.

Employees shall be subject to disciplinary sanctions up to and including
termination for violating CCA's sexual abuse and assault policies. Termination
shall be the presumptive disciplinary sanction for employees who have
engaged in or attempted or threatened to engage in sexual abuse and assault.
(115.76 (a)(b))

c.

Disciplinary sanctions for violations of CCA policies relating to sexual abuse
(other than actually engaging in sexual abuse) shall be commensurate with the
nature and circumstances of the acts committed, the employee’s disciplinary
history, and the sanctions imposed for comparable offenses by other
employees with similar histories. (115.76 (a))

d.

All terminations for violations of CCA sexual abuse and assault policies, or
resignations by employees 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, to the extent
known. (115.76 (c) and (d))

e.

The facility shall report all removals from duty or resignations in lieu of removal
for violation of agency or facility sexual abuse and assault policies to the ICE
Field Office Director, as well as to appropriate law enforcement agencies
unless the activity was clearly not criminal.

Civilians/Contractors
a.

Contractors and civilians suspected of perpetrating sexual abuse and assault
shall be removed from all duties requiring resident contact pending the outcome
of an investigation. (115.66) (115.77 (b))

b.

Any civilian or contractor who engages in sexual abuse and assault shall be
prohibited from contact with residents and shall be reported to law enforcement
agencies and to any relevant licensing body, to the extent known. Any other

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violation of CCA sexual abuse and assault policies by a civilian or contractor
will result in further prohibitions. (115.77 (a-c))

S.

T.

c.

The facility shall take appropriate remedial measures, and shall consider
whether to prohibit further contact with residents by civilians or contractors who
have not engaged in sexual abuse and assault, but have violated other
provisions within this policy.

d.

The facility shall make reasonable efforts to report removals or resignations, as
well as any incidents of substantiated sexual abuse and assault by a contractor
or civilian, to any relevant licensing bodies to the extent known.

POST INCIDENT CLASSIFICATION PROCEDURES
1.

Once the investigation is complete, the necessity of filing any resident “incompatible” or
“keep separate” notices between the victim and perpetrator will be evaluated, such that
the victim and perpetrator or potential perpetrator are kept separate while housed at the
CCA facility or recommend a transfer to another facility.

2.

The predatory resident shall be reclassified in accordance with the applicable
classification procedures. This should be accomplished in consultation with the ICE
Field Office.

COLLECTION AND USE OF DATA
1.

Internal
All case records associated with claims of sexual abuse, including incident reports,
investigative reports, resident information, case disposition, medical and counseling
evaluation findings, and recommendations for post-release treatment and/or counseling
shall be retained in accordance with CCA Policy 1-15 Retention of Records. (115.87
(a))
a.

The Facility Administrator must maintain two types of files. (ICE RS 2.7)
i.

ii.

iii.

b.

General files include:
•

The victim(s) and assailant(s) of a sexual assault;

•

Crime characteristics; and

•

All formal and/or informal action taken.

Investigative files include:
•

All reports;

•

Medical forms;

•

Supporting memos and videotapes; and

•

Any other evidentiary materials pertaining to the allegation.

The Facility Administrator shall maintain these files chronologically in a
secure location.
At this facility, these files will be maintained
electronically.

Allegation Tracking
i.

Each facility will ensure that incidents of sexual abuse and assault are
entered into the IRD as required by CCA Policy 5-1 Incident Reporting
and 14-2BB PREA 5-1 IRD Incident Reporting Definitions. (115.87 (a)

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ii.

2.

3.

At least annually, CCA shall aggregate the incident-based sexual
abuse and assault data. (115.87 (b))
•

The date, time, location, and nature of the incident;

•

The demographic background of the victim and perpetrator
(including citizenship, age, gender, and whether either has selfidentified as gay, lesbian, bisexual, transgender, intersex or
gender nonconforming);

•

The reporting timeline for the incident (including the name of
the individual who reported the incident and the date and time
the report was received);

•

Any injuries sustained by the victim;

•

Post-report follow up responses and action taken by the facility
(e.g. housing placement/custody classification, medical
examination, mental health counseling, etc.); and

•

Any sanctions imposed on the perpetrator. (115.67 (d)(1-6))

iii.

Upon request, CCA will provide all data described in this section from
the previous calendar year to the Office for Civil Rights and Civil
Liberties no later than June 30. (115.67 (e))

iv.

Data collected for this purpose shall be securely stored and retained in
accordance with CCA Policy 1-15 Retention of Records. (115.89 (a))

External
a.

Any requests for information from an outside agency or entity (excluding the
contracting governmental agency) regarding incidents of sexual abuse and
assault shall be forwarded to and reviewed by the FSC General Counsel or
designee and the Senior Director, PREA Programs and Compliance, prior to
sending the response to the requesting entity.

b.

Public Access
i.

The FSC PREA Coordinator shall make all aggregated sexual abuse
and assault data available to the public at least annually through the
CCA website. (115.89 (b))

ii.

Before making aggregated sexual abuse and assault data publicly
available, CCA shall remove all personal identifiers. (115.89 (c))

Data Review
a.

The FSC PREA Coordinator shall review all aggregated sexual abuse and
assault data collected in order to assess and improve the effectiveness of its
sexual abuse and assault prevention, detection, and response policies,
practices, and training, to include:
i.

Identifying problem areas;

ii.

Taking corrective action on an ongoing basis; and

iii.

Preparing an annual report of findings and corrective actions for each
facility, as well as CCA as a whole. (115.88 (a)(1-3))

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U.

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 CCA’s
progress in addressing sexual abuse and assault. (115.88 (b))

c.

CCA’s report shall be approved by the company's Chief Corrections Officer and
made readily available to the public through the CCA website. (115.88 (c))

d.

Specific material may be redacted from the reports when publication would
present a clear and specific threat to the safety and security of a facility, but the
nature of the material redacted must be indicated. (115.88 (d))

QUALITY ASSURANCE COMPLIANCE
1.

Internal Audits
The FSC Quality Assurance Department shall conduct an annual audit of all CCA
facilities to ensure compliance with CCA policy, the PREA National Standards, and
federal law and regulations.

2.

External Audits
An external audit of all CCA facilities shall be conducted every three (3) years to ensure
compliance with this policy, the PREA National Standards, and federal law and
regulations. The FSC Quality Assurance Department will coordinate all such external
audits in conjunction with the FSC PREA Compliance Coordinator, to include all
aspects of the audit process as outlined in this section.

V.

UPGRADES TO FACILITIES AND TECHNOLOGIES
1.

When designing or acquiring any new facility and in planning any substantial expansion
or modification of existing facilities, CCA will consider the effect of the design,
acquisition, expansion, or modification on the company's ability to protect residents
from sexual abuse and assault. Such considerations shall be documented on 7-1B
PREA Physical Plant Considerations form. (115.18 (a))

2.

When installing or updating a video monitoring system, electronic surveillance system,
or other monitoring technology, CCA will consider how such technology may enhance
the ability to protect residents from sexual abuse and assault. Such considerations
shall be documented on the 7-1B PREA Physical Plant Considerations form. (115.18
(b))

14-2.5 REVIEW:
This policy will be reviewed by the General Counsel or qualified designee on an annual basis.
14-2.6 APPLICABILITY:
All ICE Family Residential Facilities
14-2.7 APPENDICES:
14-2AA

Preventing Sexual Abuse and Misconduct Brochure (English and Spanish)

14-2BB

PREA 5-1 IRD Incident Reporting Definitions

ICE

Sexual Assault Awareness Poster

14-2.8 ATTACHMENTS:
14-2A

Policy Acknowledgement

14-2B

Sexual Abuse Screening Tool

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14-2C

Sexual Abuse Incident Check Sheet

14-2D

PREA Retaliation Monitoring Report (30/60/90)

14-2E

Resident Allegation Status Notification

14-2F

Sexual Abuse Incident Review Report

14-2G

PREA Physical Plant Considerations [MOVED TO CCA POLICY 7-1 RECORD
DRAWINGS AND ALTERATIONS/ADDITIONS AS FORM 7-1B PREA PHYSICAL PLANT
CONSIDERATIONS]

14-2H

Self-Declaration of Sexual Abuse/Sexual Harassment

14-2I

Annual PREA Staffing Plan Assessment

3-20-2A

Verification of Employment

5-1B

Notice to Administration

5-1E

PREA Reporting

14-2.9 REFERENCES:
CCA Policy 1-15
CCA Policy 4-2
CCA Policy 5-1
CCA Policy 13-79
PREA National Standards – Title 6 of the Code of Federal Regulations, Part 115
Department of Homeland Security (DHS) Standards to Prevent, Detect, and Respond to Sexual Abuse
and Assault in Confinement Facilities (Federal Register 79, No. 45, March 7, 2014)
ICE Family Residential Standard 2.7 Sexual Abuse and Assault Prevention and Intervention
Bureau of Justice Statistics (BJS) Survey of Sexual Violence (SSV)
ACA Standards:
ACI 4-4056
ACI 4-4084
ACI 4-4277
ACI 4-4281-1 through 8
4-ALDF-2A-29
4-ALDF-4D-22-1 through 5
4-ALDF-4D-22-7 and 8
4-ALDF-6B-02
4-ALDF-7B-10

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