U.S. DEPARTMENT OF JUSTICE / IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) - 2015

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EROIGSA• 15.0007 ATTACHMENT 4: INCORPORATION OF DHS PREA STANDARDS (2) The initial classification process slid initial housing assignment should be completed within twelve hours of admission to the facility. (3) The facility shall also consider, to the extent that the information is available, the following criteria to assess detainecs for risk of sexual victimization: (a) Whether the detainee has a mental, physical, or developmental disability; (b) The age of the detainee; (c) The physical build and appearance of the detainee; (d) Whether the detainee has previously been incarcerated or detained; (e) The nature of the detainee's criminal history; (f) Whether the detainee has any convictions for sex offenses against an adult or child; (g) Whether the detainee has golf -identified as gay, lesbian, bisexual, transgender, intorsex, or gender nonconfor ing; (h) Whether the detainee has self -identified as having previously experienced sexual victimization; and (i) The detainee's own concerns about his or her physical safety. (4) The initial screening shall consider prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as known to the facility, in assessing detainees for risk of being sexually abusive. (5) The facility shall reassess each detainee'srisk of victimization or abusiveness between 60 and 90 days from the date of initial assessment, and at any other time when warranted based upon the receipt of additional, relevant information or following an incident of abuse or victimization. (6) .Detainees shall not be disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked Pursuant to paragraphs (3)(a), (3)(g), (3)(h), or (3)(i) of this section, ('n The facility shall implement appropriate controls on the dissemination within the facility of responses to questions asked pursuant to this standard in order to ensure that sensitive information is not exploited to the detainee's detriment by staff or other detainees or inmates. 115.42 Use of assessment 111formation. (1) The facility shall use the information from the risk assessment under § 115.41 of this part w inform assigranoet of detainees to housing, recreation and other activities, and voluntary work, The agency shall make individualized determinations about how to ensure the safety of oath detainee, (2) When making assessment and housing decisions for a transgender or intersex detainee, the facility shall consider Che detainee's gender sail ldentffication and an assossnacat of the effQots of placement on the detainee's health and safety, The facility shall consult a medical or mental health profesalonal as soon as practicable on this assessment. The facility should not base placement decisions oftransgender or Intersex detainees solely on the identity documents or Physical anatomy of the detainee; a detainee's self:idantification o£ his/her gender and self, assessment of safety needs shall always be taken into consideration as well, The facility's pfacemont of a transgender or intersex detainee shall be consistent whh the safety and security consideraticnns of the facility, and placement and programming assignments for each transgender or intersex detainee shall be reassessed at least twice catch year to review any threats to safety experienced by the detainee. (3) When operationally feasible, transgooder and intersex detafneos shall he given the opportunity to shower separately from other detainees. 115.43 Protective custody,