|
ER0I0SA-15-0007
<br />ATTACHMENT 4: INCORPORATION OF DHS PREA STANDARDS
<br />viotitn's potential need for medical or social services,
<br />(4) If a victim is transferred between DHS immigration detention facilities or to a non -DHS facility,
<br />the sending facility shall, as permitted by law, inform the receiving facility of the incident and the
<br />victim's potential need for medical or social services, unless the victim requests otherwise.
<br />115.66 Protection of detaiueeg from contact with alleged abusers
<br />(1) Staff, contractors, and volunteers suspected of perpetrating sexual abuse shall, be removed from
<br />all duties requiring detainee contact pending the outcome of an investigation.
<br />115.67 Agency protection against retaliation
<br />(1) Staff, contractors, and volunteers, and immigration detention facility detainees, shall not retaliate
<br />against any person, including a detainee, who reports, complains about, or participates in an
<br />investigation into an allegation of sexual abuse, or for participating in sexual activity as a result of
<br />force, coercion, threats, or fear of force.
<br />(2) For at least 90 days following a report of sexual abase, the agency and facility shall monitor to
<br />see if there are facts that may suggest possible retaliation by detainees or staff, and shall act
<br />Promptly to remedy any such retaliation,
<br />115.68 Post-nllegation arotective custody
<br />(1) The facitity shall talce care to place detainee victims of sexual abuse in a supportive environment
<br />that represents the least restrictive housing option possible (e,g., protective custody), subject to
<br />the requirements of § 115,43,
<br />(2) .Detainee victims shall not be hold for longer than five days in any type of administrative
<br />segregation, except in highly unusual circumstances or at the request of the detainee,
<br />(3) A detainee victim who is in protective custody atter having hoeu subjected to sexual abuse shall
<br />not be returned to the general population until completion of a proper re -assessment, taking into
<br />consideration any increased vulnerabllity of the detainee as a result of the sexual abuse,
<br />(4) Facilities shall notify the appropriate ICE Field Office Director whenever a detainee victim has
<br />been held in administrative segregation for 72 hours,
<br />INVESTIGATIONS
<br />115,71 Criminal and atninistraNve investigations.
<br />(1) If the facility has responsibility for investigating allegations of sexual abuse, all investigations
<br />into alleged, sexual abuse must be prompt, thorough, objective, and conducted by specially
<br />trained, qualified investigators,
<br />(2) Upon conclusion of a criminal investigation where the allegation was substantiated, an
<br />administrative investigation shall be conducted, Upon conclusion of a criminal investigation
<br />where the allegation was unsubstantiated, the facility shall review any available completed
<br />criminal investigation reports to determine whether an aduainistrative investigation is necessary or
<br />appropriate, Administrative investigations shall be conducted after consultation with the
<br />appropriate investigative office within DUS, and, the assigned criminal investigative entity,
<br />(3) (a) The facility shall develop written procedures for administrative investigations, including
<br />provisions .requhing:
<br />i, Preservation of direct and circumstantial evidence, including any available physical and
<br />DNA evidence and any available electronic monitoring data;
<br />it (ii) Interviewing alloged victims, suspected perpetrators, and witnesses;
<br />12
<br />
|