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BROTOSA-15.0007
<br />ATTACIMNT 4: TNCORPORATION OF DHS PREA STANDARDS
<br />(6) All strip searches and visual body cavity searches shall be documented.
<br />(7) Each facility ,Shall implement policies and procedures that enable detainees to shower, perform
<br />bodily functions, and change clothing without being viewed by staff of the opposite gender,
<br />except in exigent circumstances or when such viewing is incidental Co routine cell checks or is
<br />otherwise appropriate in coir action with a medical examination or monitored bowel. movement.
<br />Such policies and procedures shall require staff of the opposite gender to announce their presancc
<br />when entering an area where detainees are likely to be showering, performing bodily functions, or
<br />changing clothing.
<br />(8) The facility shall not search or physically examine a detainee for the sole purposes of determining
<br />the detainee's genital characteristics, If the detainee's gender is unknown, it may be determined
<br />during conversations with the detainee, by reviewing medical records, or, if necessary, learning
<br />that information as part of a standard medical examination that all detainees must undergo as part
<br />of intake or other processing procedure conducted in private, by a medical practitioner,
<br />115 16 Accommodating detainees with dlsabliltles and detainees who are limited English proficient
<br />(1) The agency and each facility shall take appropriate steps to ensure that detainees with disabilities
<br />(including, for example, detainees who are deaf or hard of hearing, those who are blind or have
<br />low vision, or those who have intellectual, psychiatric, or speech disabilities) have an equal
<br />oppertmuity to participate in or benefit from all aspects of the agency's and facility's efforts to
<br />prevent, detect, and respond to sexual abuse, Such steps shall include, when necessary to ensure
<br />effective communication with detainees who are deaf or hard of hearing, providing access to in-
<br />person, telephonic, or video interpretive services that enable effective, accurate, and impartial
<br />interpretation, both receptively and expressively, using any necessary specialized vocabulary, In
<br />addition, the agency and facility shall ensure that any written materials related to sexual, abuse are
<br />provided in formats or through methods that ensure effective communication with detainees with
<br />disab lities, including detainees who have intellectual disabilities, limited reading skills, or who
<br />are blind or have low vision. An agency or facility is not required to take actions that it Can
<br />demonstrate would result in a fundamental alteration in the nature of a service, program, or
<br />activity, or in undue financial and admiiiistrativc burdens, as those tornis are used in regulations
<br />Promulgated under title Tl of the Americans with Disabilities Act, 28 CFR 35.164.
<br />(2) The agency and each facility shall take steps to ensure metmingAil, access to all aspects of the
<br />agency's and facility's efforts to prevent, detect, and respond to sexual abuse to detainees who are
<br />limited English proficient, including steps to provide in-person or telephonic interpretive services
<br />that enable effective, accurate, and impartial interpretation, both receptively and expressively,
<br />using any necessary specialized vocabulary,
<br />(3) In matters relating to allegations of sexual abuse, the agency and each facility shall provide in-
<br />person or telephonic interpretation services that enable effective, accurate, and impartial
<br />interpretation, by someone other than another detainee, unless the detainee expresses a preference
<br />for another detainee to provide interpretation, and fie agency determines that such interpretation
<br />is appropriate and consistent with DHS policy, The provision of interpreter services by minors,
<br />alleged abusers, detainees who witnessed the alleged abuse, and detainees who have a significant
<br />relationship with the alleged abuser is not appropriate in matters relating to allegations of sexual
<br />abuse.
<br />119.19 Hiring and,promotion decisions
<br />(1) An agency or Facility shall not hire or promote anyone who may have contact with detainees, and
<br />shall not enlist the services of any contractor or vohmteer who may have contact with detainees,
<br />who has engaged in sexual abuse in a prison, jail, holding facility, community confinement
<br />facility, juvenile facility, or other, institution (as defined in 42 U.S,C, 1997); who has been
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