Laserfiche WebLink
FROIGSA-15.0007 <br />ATTACHMENT 4: INCORPORATION OF D118 PRE+A STANDARDS <br />body, to the extent known, incidents of substantiated sexual abuse by a contractor or voluntoer, <br />Such incidents shall also be reported to law enforcement agencies, unless the activity was clearly <br />not criminal, <br />(2) Contractors and valttuteers suspected of perpetrating sexual abuse shall be removed from all <br />duties requiring detainee contact pending the outcome of an investigation. <br />(3) The facility shall take appropriate remedial measures, and shall consider whether to prohibit <br />further contact with detainees by contractors er volunteers who have not engaged in sexual abase, <br />but have violated other provisions within these standards, <br />115.78 Diselplinary sanctions for detainees <br />(1) Each (facility shall subject a detainee to disciplinary sanctions pursuant to a formal disciplinary <br />Process following an administrative or criminal finding that the detainee engaged in sexual abuse, <br />(2) At all steps in the disciplinary process provided in paragraph (1), any sanctions imposed shall be <br />commensurate with the severity of the committed prohibited act and intended to encourage the <br />detainee to conform with rales and regulations in the future, <br />(3) Each facility holding detainees in custody shall have a detainee disciplinary system with <br />progressive levels of reviews, appeals, procedures, and documentation procedure. <br />(4) The disciplinary process shall consider whether a detainee's mental disabilities or mental illness <br />contributed to his or her behavior when determining what type of sanction, if any, should be <br />imposed. <br />(5) The facility shall not discipline a detainee for sexual contact with staff unless there is a finding <br />that the staff member did not cons cut to such contact. <br />(6) For the purpose of disciphncuy action, a report of sexual abase made in good faith based upon a <br />reasonable belief that the alleged conduct occurred shall not constitute falsely reporting an <br />incident or lying, even if an investigation does not establish evidence sufficient to substantiate the <br />allegation. <br />MEDICAL AND N tuf NTAL CARE <br />115.811VCedical and mental health assessments lais or of sexual base. <br />(1) If the assessment pursuant to § 115.4 t indicates that a detainee has experienced prior sexual <br />victimization or perpetrated sexual abuse, staff shall, as appropriate, ensure that the detainee is <br />lmmedimely referred to a qualified medical or mental health practitioner for medical and/or <br />mental health follow-up as appropriate, <br />(2) When a referral for medical follow-up is initiated, the detainee shall receive a health evaluation <br />no later than two working days from the date of assessment. <br />(3) When a referral for mental health follow-up is initiated, the detainee shall receive a mental health <br />evaluation no later than 72 hours after the referral. <br />115.82 access to emergencymedical and mental h alit services, <br />(1) Detainee victims of sexual abuse shall have timely, unimpeded access to emergency medical <br />treatment and crisis intervention services, including enrergcncy contraception and sexually <br />transmitted infections prophylaxis, in accordance with professionally accepted standards of care. <br />(2) Emergency medical treatment services provided to the victim shall be without financial cost and <br />regardless of whether the victim names the abuser or cooperates with any investigation arising out <br />of the incident, <br />115.83 On otn mcdlcal and mental health care for sexual abuse vie ims and ab caeca, <br />14 <br />