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EROIGSA-15-0007 <br />ATTACHMENT 4; INCORPORATION OF DRS PREA STANDARDS <br />convicted of engaging or attempting to engage in sexual activity facilitated by force, overt or <br />implied threats of force, or coercion, or if the viotim did not consent or was unable to consent or <br />refuse; or who has been civilly or achninistratively adjudicated to have engaged in such activity. <br />(2) An agency or facility considering hiring er promoting staff shall ask all applicants who may have <br />contact with detainees directly about previous misconduct described in paragraph (1) of this <br />section, in written applications or interviews for hiring or promotions and in any interviews or <br />written self -evaluations conducted as part of reviews of current employees. Agencies and <br />facilities shall also impose upon employees a continuing affirmative duty to disclose any such <br />misconduct. The agency, consistent with law, shall make its best efforts to contact all prior <br />institutional employers Of an applicant for employment, to obtain information on substantiated <br />allegations of sexual abuse or any resignation during a pending investigation of alleged sexual <br />abuse. <br />(3) Before hiring new staff who may have contact with detainees, the agency or facility shall conduct <br />a background investigation to determine whether the candidate for hire is suitable for <br />employment with the facility or agency, including a criminal background records check. Upon <br />request by the agency, the facility shall submit for the agency's approval written documentation <br />showing the detailed elements of the facility's background check for each staff, member and the <br />facility's conclusions. The agency shall conduct an updated background investigation every five <br />years for agency employees who may have contact with detainees. The facility shall require an <br />updated background investigation every five years fox those facility staff who may have contact <br />with detainees and who work in imm gration.only detention facilities. <br />(4) The agency or facility shall also perform a background investigation before enlisting the services <br />Of any contractor who may have contact with detainees. Upon request by the agency, the facility <br />shall submit for the agency's approval written documentation showing the detailed elements of <br />the facility's background check for each contractor and the facility's conclusions, <br />(5) Material omissions regarding such misconduct, or the provision of materially false information, <br />shall be grounds for ternrination or withdrawal of an offer of employment, as appropriate, <br />(G) lu the event the agency contracts with a facility for the confinement of detainees, the <br />requirements of this section otherwise applicable to the agency also apply to the facility and its <br />staff. <br />115.18 ITnerades to facilities aad tecl nolo ics. <br />(1) NVlieri designing or acquiring any new facility and in planning any substantial expansion or i <br />modification of existing facilities, the facility or agency, as appropriate, shall consider the effect <br />of the design, acquisition, expansion, or modification upon their ability to protect detainees from <br />sexual abuse, <br />(2) When installing or updating a video monitoring system, electronic surveillance system, or other <br />monitoring technology in an immigratlon detention facility, the Facility or agency, as appropriate, <br />shall consider how such technology may enhance their ability to protect detainees from sexual <br />abuse. <br />RESPONSIVE PLANNING <br />115,21 Evidenee mrofncol.Q and forensic medical examinations. <br />(1) To the extent that the agency or facility is responsible for lnvestigating allegations of sexual <br />abuse involving detainees, it shall follow n uniform evidence protocol that maximizes the <br />potential for obtaining usable physical evidence for administrative proceedings and criminal <br />prosecutions. The protocol shall be developed in coordination with DHS and shall be <br />developmentally appropriato for juveniles, where applicable, <br />