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EROIGSA-15-0007
<br />ATTACHMENT 4: INCORPORATION Qlr DHS PREA STANDARDS
<br />(2) The agency and each facility developing an evidence protocol referred to in paragraph (1) of this
<br />section, shall consider how best to utilize available community resources and services to provicle
<br />valuable expertise and support in the areas of crisis intervention and counseling to most
<br />appropriately address victims' needs. Each facility shall establish procedures to make available,
<br />to the full extent possible, outside victim services following incidents of sexual abuse; the facility
<br />shall attempt to make available to the victim a victim advocate from a rape crisis center. If a rape
<br />crisis center is not available to provide victim advocate services, the agency shall provide these
<br />services by making available a qualified staff member from a community-based organization, or a
<br />qualif ed agency staff member, A qualified agency staff member or a qualified community-based
<br />staff member means an individual who has received education concerning sexual assault and
<br />forensic examination issues in general. The outside or internal victim advocate shall provide
<br />emotional support, crisis intervention, information, and referrals,
<br />(3) Where evidentiarily or medically appropriate, at no cost to the detainee, and only with. the
<br />detainee's consent, the facility shall arrange for an alleged victim detainee to undergo a forensic
<br />medical examination by qualified health care personnel, including a Sexual Assault Forensic
<br />Examiner (SAFE) or Sexual Assault Nurse Examiner (SANE) where practicable. If SAFES or
<br />SANEs cannot be made available, the examination can be performed by other qualified health pare
<br />personnel.
<br />(4) As requested by a victim, the presence of his or her outside or internal victim advocate, including
<br />any available victim advocacy services offered by a hospital conducting a forensic exam, shall be
<br />allowed for support during a forensic exam and investigatory interviews.
<br />(5) To the extent that the agency is not responsible for investigating allegations of sexual abuse, the
<br />agency or the facility shall request that the invcstigating agency follow the requirements of
<br />paragraphs (1) through (4) of this section.
<br />115.22 Policies to ensure invOtigatlon of allegations and apllronrilteaecncv oversisht
<br />(1) The agency shall establish an agency protocol, and shall require each facility to establish a facility
<br />Protocol, to ensure that each allegation of sexual abuse is investigated by the agency or facility, or
<br />referred to an appropriate investigative authority.
<br />(2) The agency shall onseze that the agency and facility protocols required by paragraph (a) of this
<br />section, include a description of responsibilities of the agency, the facility, and any other
<br />investigating entities; and require the documentation and maintenance, for at least Five years, of
<br />all reports and referrals of allegations of sexual abuse,
<br />(3) The agency shall post its protocols on its Web site; each facility shall also post its protocols on its
<br />Web site, if it has one, or otherwise make the protocol available to the public.
<br />(4) Each. facility protocol shall ensure that all allegations are promptly reported to the agency as
<br />described in paragraphs (5) and (6) of this section, and, unless the allegation does not involve
<br />potentially criminal behavior, are promptly referred for investigation to an appropriate law
<br />enforcement agency with the legal authority to conduct criminal investigations. A facility nuay
<br />separately, and in addition to the above reports and, referrals, conduct its own investigation,
<br />(5) When a detainee, prisoner, inmate, or resident of the facility in which an alleged detainee victim
<br />is housed is alleged to be the perpetrator of detainee sexual abuse, the facility shall ensure that the
<br />incident is promptly reported to the Joint Intake Center, the ICE Office of professional
<br />Responsibility or the DHS Office of Inspector General, as well as the appropriate ICE Field
<br />Office Director, and, if it is potentially criminal, referred to an appropriate law enforcement
<br />agency having juurisdiction for investigation.
<br />(6) When a staff member, contractor, or volunteer is alleged to be the perpetrator of detainee sexual
<br />abuse, the facility shad ensure Chat the Incident is promptly reported to the Joint Intake'Cenwr, the
<br />IC:E Office of Professional Responsibility or the D1 -1S Office of Inspector General, as well as to
<br />the appropriate ICE.Field Office Director, and to the local government ent[ty or contractor that
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