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28 C.F.R.§ 115.401 frequency and scope of audits. <br /> (a) During the three-year period starting on August 20, 2013, and during each three-year period <br /> thereafter,the agency shall ensure that each facility operated by the agency, or by a private <br /> organization on behalf of the agency, is audited at least once. <br /> (b)During each one-year period starting on August 20,2013,the agency shall ensure that at least <br /> one-third of each facility type operated by the agency, or by a private organization on behalf of <br /> the agency, is audited. <br /> (c)The Department of Justice may send a recommendation to an agency for an expedited audit if <br /> the Department has reason to believe that a particular facility may be experiencing problems <br /> relating to sexual abuse. The recommendation may also include referrals to resources that may <br /> assist the agency with PREA-related issues. <br /> (d)The Department of Justice shall develop and issue an audit instrument that will provide <br /> guidance on the conduct of and contents of the audit. <br /> (e)The agency shall bear the burden of demonstrating compliance with the standards. <br /> (f)The auditor shall review all relevant agency-vide policies,procedures,reports, internal and <br /> external audits,and accreditation for each facility type. <br /> (g)The audits shall review, at a minimum, a sampling of relevant documents and other records <br /> and information for the most recent one-year period. <br /> (h)The auditor shall have access to, and shall observe,all areas of the audited facilities. <br /> (i)The auditor shall be permitted to request and receive copies of any relevant documents <br /> (including electronically stored information), <br /> {j)The auditor shall retain and preserve all documentation(including, e.g., video tapes and <br /> interview notes)relied upon in making audit determinations, Such documentation shall be <br /> provided to the Department of Justice upon request. <br /> (k)The auditor shall interview a representative sample of inmates,residents, and detainees, and <br /> of staff,supervisors, and administrators. <br /> (1)The auditor shall review a sampling of any available videotapes and other electronically <br /> available data(e.g., Watchtour)that may be relevant to the provisions being audited. <br /> (m)The auditor shall be permitted to conduct private interviews with inmates, residents, and <br /> detainees. <br />