For The Prevention, Detection, Response, and
Monitoring of
Sexual Abuse in:
Community Corrections
III. DETECTION AND RESPONSE
Reporting (RE)
Community Corrections Facilities Pretrial, Probation, and Parole
Defendant/offender reporting
The agency or facility provides multiple internal ways for defendants/offenders to report easily, privately, and securely sexual abuse, retaliation by other defendants/offenders or staff for reporting sexual abuse, and staff neglect or violation of responsibilities that may have contributed to an incident of sexual abuse. The agency or facility also provides at least one way for defendants/offenders to report the abuse to an outside pubic entity or office not affiliated with the agency that has agreed to receive reports and forward them to the agency or facility head (RP-2), except when a defendant/offender requests confidentiality. Staff accepts reports made verbally, in writing, anonymously, and from third parties and immediately puts into writing any verbal reports.
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Assessment Checklist |
YES |
NO |
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(a) Does the agency or facility provide multiple internal ways for defendants/offenders to report easily, privately, and securely sexual abuse, retaliation by other defendants/offenders or staff for reporting sexual abuse, and staff neglect or violation of responsibilities that may have contributed to an incident of sexual abuse (e.g., locked drop boxes in common areas for reports or requests; grievance procedures; sick-call systems; access to a central or headquarters office)? (Please attach documentation explaining the specific internal reporting mechanisms the agency or facility has in place.) |
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(b) Does the agency or facility provide at least one way for defendants/offenders to report sexual abuse to an outside public entity or office not affiliated with the agency or facility that has agreed to receive reports and forward them to the agency or facility head, except when the defendant/offender requests confidentiality (e.g., ombudsperson; outside law enforcement agency; inspector general’s office; attorney general’s office) (RP-2)? (Please attach documentation explaining the specific outside reporting mechanism(s) the agency or facility has made available to defendants/offenders.) |
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(c) Does staff accept reports made verbally, in writing, anonymously, and by third parties? |
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(d) Does staff immediately put into writing any verbal reports? |
Discussion
The agency or facility should make reporting sexual abuse as easy, private, and secure as possible. The more the agency or facility demonstrates through policy, practice, and staff behaviors its commitment to protecting sexual abuse victims and punishing abusers, the more victims will feel safe coming forward. Although a potential increase in disclosures and investigations may initially tax resources, increased reporting may also signal that defendants/offenders are becoming more trustful of the system, which, in turn, may deter potential abusers from engaging in sexually abusive behaviors. Over time, the agency or facility’s initial investment in efforts to make reporting easier and to conduct thorough investigations will serve everyone’s interests. Victims will be better supported, abusers will be held accountable, and staff and defendants/offenders will ultimately be able to live and work in safer, more secure environments.
The agency or facility should take seriously all reports of sexual abuse, regardless of the form or format in which they were conveyed. Although the agency or facility may choose to provide different mechanisms for internal reporting, including locked drop boxes in common areas for defendants/offenders to drop reports, requests, or grievances or dedicated phones or programmed phones with toll-free hotline numbers to internal investigative departments, staff should be prepared to accept and respond to all types of reports and manners of reporting. The method used to accept reports will vary by the size and composition of the community corrections facility and the methods of contact used by the defendant/offender to connect with pretrial, probation, or parole officials. The Commission is not dictating one particular method of reporting.
The standard’s requirement that the agency or facility enable defendants/offenders to report to at least one outside public entity or office not affiliated with the agency or facility will signal to defendants/offenders that the agency’s or facility’s chief concern is making sure that defendants/offenders feel safe and comfortable reporting sexual abuse. If the agency or facility has established an MOU with an outside public entity or office that has agreed to accept and forward defendant/offender reports of sexual abuse, the outside public entity should be prepared to send those reports to the agency or facility head immediately upon receipt, unless the defendant/offender requests confidentiality (RP-2). If the agency or facility confines defendants/offenders under the age of 18 or applicable age of majority within that jurisdiction, or other defendants/offenders who fall under State or local vulnerable persons statutes, the agency or facility may allow such defendants/offenders to report directly to the designated State or local services agency that has the authority to conduct investigations into allegations of sexual abuse involving victims that fall under vulnerable persons statutes (RP-3). In addition to developing numerous avenues for receiving reports, staff should be trained and expected to take proactive steps to talk to defendants/offenders periodically about any unwanted sexual behaviors or threats they may be experiencing from other defendants/offenders or staff.
Community Corrections Facilities
Exhaustion of administrative remedies
Under agency or facility policy, a defendant/offender has exhausted his or her administrative remedies with regard to a claim of sexual abuse either (1) when the agency or facility makes a final decision on the merits of the report of abuse (regardless of whether the report was made by the defendant/offender, made by a third party, or forwarded from an outside official or office) or (2) when 90 days have passed since the report was made, whichever occurs sooner. A report of sexual abuse triggers the 90-day exhaustion period regardless of the length of time that has passed between the abuse and the report. A defendant/offender seeking immediate protection from imminent sexual abuse will be deemed to have exhausted his or her administrative remedies 48 hours after notifying any agency or facility staff member of his or her need for protection.
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Assessment Checklist |
YES |
NO |
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(a) Does agency or facility policy reflect that a defendant/offender has exhausted administrative remedies with regard to a claim of sexual abuse under the following circumstances? |
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• When the agency or facility makes a final decision on the merits of the report of abuse (regardless of whether the report was made by the defendant/offender, made by a third party, or forwarded from an outside official or office) or |
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• When 90 days have passed since the report was made, whichever occurs sooner |
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(b) Does agency or facility policy reflect that a defendant/offender seeking immediate protection from imminent sexual abuse has exhausted administrative remedies 48 hours after notifying any agency or facility staff member of his or her need for protection? |
Discussion
Currently, under the Federal Prison Litigation Reform Act (PLRA), correctional agencies are able to raise a defendant/offender’s “failure to exhaust administrative remedies” as an affirmative defense against a defendant/offender’s legal claims brought in Federal court. The definition of “prison” under PLRA includes facilities that “incarcerate or detain juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law.” In addition, the definition of “prisoner” under the law includes “any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program.”
The purpose of the exhaustion requirement in PLRA is to ensure that agencies or facilities have an opportunity to respond to a defendant/offender’s complaint before that defendant/offender files a lawsuit. Agencies or facilities are free to determine the procedures by which a defendant/offender “exhausts administrative remedies” by policy. In practice, many agencies or facilities have adopted policies that require a defendant/offender to file a grievance within a relatively short timeframe after the incident of abuse and then to make multiple appeals of the agency’s or facility’s response within specific timeframes to satisfactorily exhaust administrative remedies. Policies that require defendants/offenders to navigate a complicated grievance procedure within a short time after the abuse can result in the dismissal of meritorious legal claims by victims of sexual abuse. Although the statute of limitations to file a lawsuit may be one year or two depending on the type of claim and the jurisdiction, defendants/offenders who fail to file a grievance within one or two weeks after being abused may be permanently barred from court for failing to “exhaust administrative remedies.”
Victims of sexual abuse are particularly vulnerable to having their claims dismissed for this reason because the trauma of sexual abuse and fear of retaliation often prevent them from reporting the incident shortly after it occurs. Furthermore, because grievance procedures are generally not designed as the sole or primary method for reporting incidents of sexual abuse by defendants/offenders to staff, victims who do immediately report abuse to authorities may not realize they need to file a grievance as well to satisfy agency exhaustion requirements. For example, a victim might call the agency’s or facility’s sexual abuse reporting hotline immediately but fail to file a grievance within the short timeframe allowed and later be barred from bringing a valid legal claim because of that failure.
This standard recognizes agencies’ or facilities’ legitimate interest in having a reasonable opportunity to respond to notice of abuse before being required to defend themselves in court. It also recognizes that PREA’s goals are not furthered if defendants/offenders are deemed to have forfeited their ability to seek judicial redress for abuse because they have not reported the abuse within a set timeframe after it occurs. The standard requires agencies or facilities to adopt policies by which a defendant/offender is deemed to have exhausted his or her administrative remedies no later than 90 days after a report of sexual abuse is made and regardless of the time that has elapsed between the abuse and the report. Any report of sexual abuse should trigger a response by the agency or facility, including an investigation into the merits of the allegation (IN-1, IN-2), the provision of appropriate medical and mental health treatment (MM-1, MM-2), and efforts to protect the alleged victim and other defendants/offenders from retaliation and future abuse (OR-5). It is possible that the agency or facility will not have completed its investigation into the report within 90 days, but that is ample time within which the agency or facility can take appropriate steps to protect the defendant/offender and to demonstrate its efforts to find the truth for the purposes of defending against a lawsuit.
Finally, the standard recognizes that there may be urgent, emergency situations when a defendant/offender seeks an immediate injunction from the court to provide protection from imminent harm. In such cases, the standard requires an exception to the 90-day waiting period. Because it is incumbent on the agency or facility to provide protection immediately to a defendant/offender who reports a risk of imminent harm, the agency shall deem the defendant/offender’s administrative remedies exhausted 48 hours after such a report is made to any agency or facility employee. A court can determine whether the defendant/offender’s request merits an injunction, but the defendant/offender seeking the court’s protection should not be required to wait more than 48 hours because the nature of such a request is urgent. If the agency or facility has in fact responded properly to the report or if the report was of such a nature that it did not warrant action on the part of the agency or facility, a court can make that determination at the time the injunction is sought.
Community Corrections Facilities
Defendant/offender access to outside confidential support services
The facility provides defendants/offenders with access to outside victim advocates for emotional support services related to sexual abuse. The facility provides such access by giving defendants/offenders the current mailing addresses and telephone numbers, including toll-free hotline numbers, of local, State, and/or national victim advocacy or rape crisis organizations and enabling reasonable communication between defendants/offenders and these organizations. The facility ensures that communications with such advocates are private, confidential, and privileged, to the extent allowable by Federal, State, and local law. The facility informs defendants/offenders, prior to giving them access, of the extent to which such communications will be private, confidential, and/or privileged.
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Assessment Checklist |
YES |
NO |
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(a) Does the facility provide defendants/offenders with the current mailing addresses and telephone numbers, including toll-free hotline numbers, of local, State, and/or national victim advocacy or rape crisis organizations and enable reasonable communication between defendants/offenders and these organizations? (Please attach documentation explaining how the facility provides defendants/offenders with access to outside confidential support services related to sexual abuse.) |
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(b) Are defendants/offenders able to communicate with outside victim advocates privately in settings in which conversations cannot be overheard? |
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(c) Does the facility explain to defendants/offenders, prior to giving them information related to outside support services, the rules governing privacy, confidentiality, and/or privilege that apply for disclosures of sexual abuse made to outside victim advocates, including any limits to confidentiality under relevant Federal, State, or local law? |
Discussion
Victims of sexual abuse, whether confined or not, often require the support of an advocate. Working with these advocates, such as rape crisis counselors, is not only an essential part of treatment for some victims, but can also help victims overcome any reluctance to report the incident to the appropriate officials. Although some community corrections facilities may be large enough to have qualified mental health practitioners on staff who can treat sexual abuse victims, some victims may be reluctant to confide in those practitioners because they see them as part of the institution that failed to protect them from abuse. Other facilities may simply rely on referrals of defendants/offenders to outside practitioners once a defendant/offender reports a problem. By giving defendants/offenders the option and information to communicate with outside advocates on their own, the facility will ensure that victims have the greatest access to necessary care.
To meet the requirements of this standard, an agency or facility may need to enter an MOU with a community service provider and may find it useful to provide regular opportunities for defendants/offenders to meet face-to-face with advocates (RP-2). In addition to these opportunities, free hotlines that connect defendants/offenders to rape crisis service groups and/or other victim advocacy groups are encouraged. Facilities that have limited community resources to draw from should at a minimum provide defendants/offenders with contact information for regional and/or national human rights, advocacy, and/or counseling organizations. Telephone use to contact outside advocates and/or letters sent to service organizations should not be subject to any rules or restrictions governing telephone use or mail. Administrators need to make certain that defendants/offenders are able to access outside confidential support services as easily and as privately as possible. Defendants/offenders should never have to explain to staff members their reasons for wanting to speak or write to outside advocates before being allowed to communicate with those providers.
The Commission recognizes that in most jurisdictions, outside providers will be unable to provide truly confidential support services due to State or local mandatory child abuse reporting laws. In these jurisdictions, juveniles who have been victims of abuse in a facility or while under supervision should still have the opportunity to access outside support services if they do not feel comfortable using the services provided in house.
Community Corrections Facilities Pretrial, Probation, and Parole
Third-party reporting
The agency or facility receives and investigates all third-party reports of sexual abuse (IN-1). At the conclusion of the investigation, the agency or facility notifies in writing the third-party individual who reported the abuse and the defendant/offender named in the third-party report of the outcome of the investigation. The agency or facility distributes publicly information on how to report sexual abuse on behalf of a defendant/offender.
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Assessment Checklist |
YES |
NO |
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(a) Does the agency or facility receive and investigate all third-party reports of sexual abuse? |
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(b) At the conclusion of the investigation, does the agency or facility notify in writing the third-party individual who reported the abuse and the defendant/offender named in the third-party report of the outcome of the investigation? |
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(c) Does the agency or facility distribute publicly information on how to report sexual abuse on behalf of a defendant/offender? |
Discussion
Information about how to report sexual abuse on behalf of a defendant/offender should be available in multiple languages and in a convenient, easily accessible format. Information may be made available by phone, on a Web site, as part of any preliminary information provided verbally to visitors, in brochures, in flyers, or on posters in visiting areas. Information should at a minimum be made available to family members. Regardless of how the agency or facility chooses to distribute the information, the information itself should convey: (1) the contact information for the agency or facility official, department, or unit responsible for receiving and responding to third-party allegations; (2) instructions for what information to include when reporting sexual abuse; (3) notice that the allegation will be discussed with the victim named in the report; (4) a statement explaining the allegation will be disclosed only to those who need to know to ensure victim safety and to investigate the allegation; and (5) notice that the agency or facility will inform the individual who reported the abuse of the outcome of the investigation. The agency or facility should periodically review and update, if necessary, the information distributed regarding third party reporting.
Official Response Following a Defendant/Offender Report (OR)
Community Corrections Facilities Pretrial, Probation, and Parole
Staff and agency or facility head reporting duties
All staff members are required to report immediately and according to agency or facility policy any knowledge, suspicion, or information they receive regarding an incident of sexual abuse that occurred in a facility setting or while under supervision; retaliation against defendants/offenders or staff who reported abuse; and any staff neglect or violation of responsibilities that may have contributed to an incident of sexual abuse or retaliation. Apart from reporting to designated supervisors or officials, staff must not reveal any information related to a sexual abuse report to anyone other than those who need to know, as specified in agency or facility policy, to make treatment, investigation, and other security and management decisions. Unless otherwise precluded by Federal, State, or local law, staff medical and mental health practitioners are required to report sexual abuse and must inform defendants/offenders of their duty to report at the initiation of services. If the victim is under the age of 18 or applicable age of majority within that jurisdiction, or considered a vulnerable adult under a State or local vulnerable persons statute, staff must report the allegation to the designated State or local services agency under applicable mandatory reporting laws.
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Assessment Checklist |
YES |
NO |
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(a) Has the agency or facility notified staff members that they are required to report immediately and according to agency or facility policy any knowledge, suspicion, or information they receive regarding an incident of sexual abuse that occurred in a |
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(b) Has the agency or facility notified staff members that they are required to limit |
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(c) Has the agency or facility notified staff medical and mental health practitioners of their reporting duties, including their duty to inform defendants/offenders of the practitioners’ duty to report at the initiation of services? |
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(d) If the victim is under the age of 18 or considered a vulnerable adult under a State or local vulnerable persons statute, does the agency or facility head report the allegation to the designated State or local services agency under applicable mandatory reporting laws? |
Discussion
Attaining compliance with this standard will require that agency or facility leadership effectively conveys to staff members that they are mandatory reporters with no discretion to decide whether to report sexual abuse allegations or any other knowledge or suspicion of sexual abuse or harassment. Agency or facility leadership should make it clear through policy and practice that the agency or facility tolerates neither a staff code of silence nor the mishandling or inappropriate sharing of information (i.e., spreading rumors or conveying information to individuals who have no need to know), and staff should be trained on the difference between spreading rumors and proper reporting. Additionally, it is critical that all staff members understand exactly what, when, how, and to whom they are required to report, including whether their responsibilities differ based on the type of offense or the persons involved. The agency or facility head should know exactly how and to whom he or she is required to report if the incident involves a victim under the age of 18 or applicable age of majority within that jurisdiction, or a victim considered a vulnerable adult under a State or local vulnerable persons statute (e.g., statutes that address the mentally ill, mentally or physically disabled, or the elderly).
Unless otherwise precluded by Federal, State, or local law, the standard requires staff medical and mental health practitioners to report sexual abuse and to inform defendants/offenders of their duty to report at the initiation of services. Informing defendants/offenders of their duty to report at the initiation of services is critical so that defendants/offenders know up front what they can expect to be kept confidential and what they can expect will be reported. Although the Commission recognizes that some medical and mental health practitioners may be reluctant to report because of fears that victims will not seek treatment, it nonetheless requires medical and mental health practitioners to report to protect the safety of the individual being abused or threatened with abuse.
Community Corrections Facilities Pretrial, Probation, and Parole
Reporting to other agencies or facilities
When the agency or facility receives an allegation that a defendant/offender was sexually abused while in a community corrections facility or while under supervision, the head of the agency or facility where the report was made notifies in writing the head of the agency or facility where the alleged abuse occurred. The head of the agency or facility where the alleged abuse occurred ensures the allegation is investigated.
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Assessment Checklist |
YES |
NO |
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(a) When the agency or facility receives an allegation that a defendant/offender was sexually abused while in a community corrections facility or while under supervision, does the head of the agency or facility where the report was made notify in writing the head of the agency or facility where the alleged abuse occurred? |
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(b) If the agency or facility head receives notice that a former defendant/offender has alleged sexual abuse, does he or she ensure that the allegation is investigated? |
Discussion
Defendants/offenders who have been sexually abused while confined at a lockup, jail, or prison or while housed in a community corrections facility may feel safer reporting the abuse once they are no longer housed at the facility where the abuse occurred. For example, a defendant/offender who was sexually abused at a jail may wait until he or she is transferred to a prison to report. Similarly, someone abused while confined in a State prison may choose to report once he or she is in the custody of a community corrections agency. The opposite may also occur. A defendant/offender who is abused while under the supervision of a pretrial, probation, or parole agency may not report the alleged abuse until he or she is housed in a prison, jail, or community corrections facility. The head of the agency or facility where the report is made needs to be prepared to notify the appropriate authorities immediately. By the same token, as required by the standard, the head of the agency or facility where the alleged abuse occurred must ensure that the allegation is investigated. This effort to communicate and share information across agencies and facilities should improve safety and security for all defendants/offenders and staff.
Community Corrections Facilities
Staff first responder duties
Upon learning that a defendant/offender has alleged sexual abuse within a time period that still allows for the collection of physical evidence, the first facility staff member to respond to the report is required to (1) separate the alleged victim and abuser; (2) seal and preserve any crime scene(s); and (3) instruct the victim not to take any actions that could destroy physical evidence, including washing, brushing his or her teeth, changing his or her clothes, urinating, defecating, smoking, drinking, or eating.
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Assessment Checklist |
YES |
NO |
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(a) Has the facility notified staff that upon learning of an incident of sexual abuse that occurred within a time period that still allows for the collection of physical evidence, they are required to separate victims from abusers, seal and preserve any crime scene(s), and instruct victims not to wash, brush their teeth, change their clothes, urinate, defecate, smoke, drink, or eat? |
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(b) Has the facility notified staff members that upon learning of an incident of sexual abuse, they are required to instruct victims not to wash, brush their teeth, change their clothes, urinate, defecate, smoke, drink, or eat and then notify staff? |
Discussion
In addition to reporting the abuse according to agency or facility policy, the first staff member who learns of a defendant/offender being sexually abused is responsible for ensuring that the victim is safe and any physical evidence is preserved until an investigator arrives. At the time of publication of this body of standards, the commonly accepted time limit for collecting physical evidence is 96 hours. To carry out their duties effectively, staff members will need to be able to counsel victims who may be in distress while maintaining security and control over the crime scene(s).
Community Corrections Facilities Pretrial, Probation, and Parole
Coordinated response
All actions taken in response to an allegation of sexual abuse are coordinated among staff first responders, medical and mental health practitioners, investigators, and agency or facility leadership. The agency’s or facility’s coordinated response ensures that victims receive all necessary immediate and ongoing medical, mental health, and support services and that investigators are able to obtain usable evidence to substantiate allegations and hold perpetrators accountable.
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Assessment Checklist |
YES |
NO |
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(a) Are all actions taken in response to an incident of sexual abuse coordinated among staff first responders, medical and mental health practitioners, investigators, and agency or facility leadership? |
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(b) Does the agency’s or facility’s coordinated response ensure that victims receive all necessary immediate and ongoing medical, mental health, and support services? |
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(c) Does the agency’s or facility’s coordinated response ensure that investigators are |
Discussion
In the community, coordinated sexual assault response teams (SARTs) are recognized as a best practice for responding to incidents of rape and other sexual abuse because they enable key responders from the medical, advocacy, and law enforcement fields to coordinate their actions and share information, helping the victim receive the best care and providing the investigator with the best chance to find the perpetrator. SARTs are generally composed of representatives from the medical and mental health fields, victim advocacy groups (usually from local or regional rape crisis centers), and law enforcement agencies.
Although some community corrections agencies or facilities already use some version of a SART or specialized first response team, or they participate in an existing specialized community response team, the Commission recognizes that not all agencies are equipped to organize a specialized team or spearhead a community SART. Particularly in the community corrections arena, agencies or facilities may not have individuals working in each of these subject areas on staff. Rather, they must rely on individuals in the community who provide these resources. The Commission urges those agencies or facilities to work toward developing such a team by working with community or regional law enforcement agencies, outside medical and mental health providers, and sexual abuse advocacy groups to establish a coordinated plan to address victims’ needs and improve sexual abuse investigation outcomes. At the time of publication of these standards, the Commission recommends that agencies consult the 2004 U.S. Department of Justice’s Office on Violence Against Women publication “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents” for guidance and ideas on developing an approach to a coordinated response to sexual abuse.
Regardless of whether or not the agency or facility uses a designated response team or participates in a community SART, the standard requires that all actions taken in response to an allegation of sexual abuse be coordinated among staff first responders, medical and mental health practitioners, investigators, and facility leadership. To ensure the best treatment for victims and the greatest likelihood of holding perpetrators accountable, a number of actions should be coordinated, including: (1) assessing the victim’s acute medical needs to determine if he or she needs to be stabilized and/or treated for injuries, conditions, or potential risks; (2) informing the victim of his or her rights under relevant Federal and/or State crime victims’ rights laws; (3) giving the victim the option of undergoing a forensic medical exam for the purpose of collecting and documenting physical evidence of abuse; (4) having a victim advocate available to the defendant/offender victim during the forensic medical exam; (5) providing crisis intervention counseling for the victim before and after the forensic medical exam; (6) interviewing victims and witnesses; (7) collecting evidence; and (8) providing for any special needs a victim might have.
Community Corrections Facilities Pretrial, Probation, and Parole
Agency or facility protection against retaliation
The agency or facility protects all defendants/offenders and staff who report sexual abuse or cooperate with sexual abuse investigations from retaliation by other defendants/offenders or staff. The agency or facility employs multiple protection measures, including housing changes or transfers for defendant/offender victims or abusers, removal of alleged staff or defendant/offender abusers from contact with victims, and emotional support services for defendants/offenders or staff who fear retaliation for reporting sexual abuse or cooperating with investigations. The agency or facility monitors the conduct and/or treatment of defendants/offenders or staff who have reported sexual abuse or cooperated with investigations, including any defendant/offender disciplinary reports, housing changes, or program changes, for at least 90 days following their report or cooperation to assess changes that may suggest possible retaliation by defendants/offenders or staff. The agency or facility discusses any changes with the appropriate defendant/offender or staff member as part of its efforts to determine if retaliation is taking place and, when confirmed, immediately takes steps to protect the defendant/offender or staff member.
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Assessment Checklist |
YES |
NO |
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(a) Does the agency or facility employ the following measures to protect defendants/ |
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• Housing changes or transfers for defendant/offender victims or abusers |
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• Removal of alleged staff or defendant/offender abusers from contact with victims |
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• Employee assistance services or other resources for staff who may need psychological or emotional support |
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• Available support services for defendants/offenders who may need psychological or emotional support |
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(b) Does the agency or facility monitor the conduct and/or treatment of defendants/offenders or staff who have reported sexual abuse or cooperated with investigations, including any defendant/offender disciplinary reports, housing changes, or program changes, for at least 90 days following their report or cooperation to see assess changes that may suggest possible retaliation by defendants/offenders or staff? |
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(c) When changes have been identified, does the agency or facility discuss those changes with the appropriate defendant/offender or staff member as part of its efforts to determine if retaliation is taking place? |
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(d) When retaliation has been confirmed, does the agency or facility immediately take steps to protect the defendant/offender or staff member? |
Discussion
Fear of retaliation, such as being subjected to harsh or hostile conditions, being attacked by other defendants/offenders, or suffering harassment from staff, prevents many defendants/offenders and staff from reporting sexual abuse and impedes the ability of the agency or facility to protect the safety and security of its operations. Retaliation can take many forms. For example, one or more defendants/offenders may assault another defendant/offender for “snitching.” An accused staff member or his or her staff allies may suddenly start giving disciplinary tickets to the defendant/offender who made the allegation. A staff member who reports may find that he or she is being snubbed or isolated by other staff. The agency or facility should use every means possible, from information conveyed in training sessions to strict reporting policies to strong disciplinary sanctions for retaliation, to discourage retaliation in any form.
The agency or facility should be alert to the possibility of retaliation from the outset and should initiate and maintain protective measures for as long as it deems necessary. The agency or facility will have to weigh a number of circumstances when deciding how best to protect defendants/offenders and staff members who report sexual abuse. When collective bargaining agreements limit an agency’s or facility’s ability to remove accused staff members from contact positions with defendants/offenders who have alleged staff-on-defendant/offender sexual abuse or staff-on-defendant/offender sexual harassment, the agency or facility should develop and implement alternative protective measures. In general, agencies or facilities should try to secure collective bargaining agreements that do not limit their ability to protect defendants/offenders or staff from retaliation.
The agency’s or facility’s protective measures can be adjusted throughout the investigation as necessary, but this does not obviate the agency’s or facility’s obligation to take immediate and continuing steps to guard against retaliation.
Investigations (IN)
Community Corrections Facilities Pretrial, Probation, and Parole
Duty to investigate
The agency or facility investigates all allegations of sexual abuse, including third-party and anonymous reports, and notifies victims and/or other complainants in writing of investigation outcomes and any disciplinary or criminal sanctions, regardless of the source of the allegation. All investigations are carried through to completion, regardless of whether the alleged abuser or victim remains at the facility or under supervision.
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Assessment Checklist |
YES |
NO |
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(a) Does the agency or facility investigate all allegations of sexual abuse from all sources, including third-party and anonymous reports? |
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(b) Does the agency or facility notify victims and/or other complainants in writing of investigation outcomes and any disciplinary or criminal sanctions? |
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(c) Are all investigations carried through to completion, regardless of whether the alleged abuser or victim remains at the facility or under supervision? |
Discussion
One of the challenges agencies and facilities face when investigating allegations of sexual abuse is defendant/offender and staff reluctance to report the abuse, whether as victims or as witnesses. This reluctance to report leads to delayed reporting, changed stories, noncooperation, and difficulties obtaining physical evidence. By investigating all allegations of sexual abuse and carrying those investigations through to completion, agencies or facilities send a strong message that sexual abuse is taken seriously and will not be tolerated, thereby encouraging all defendants/offenders to report.
Carrying investigations through to completion means making sure that an investigation continues even if an alleged staff perpetrator transfers, resigns, or retires or if an alleged defendant/offender perpetrator or victim is transferred or released from a community corrections facility or supervision during an investigation. Consistent application of these practices helps assure the reporting party and others who may be considering reporting sexual abuse or cooperating with the investigation that reports and cooperation will not be fruitless. This assurance is critical given the risks often inherent to reporting sexual abuse and cooperating in an investigation of sexual abuse, both for staff and defendants/offenders. Continuing investigations after the alleged perpetrator has left the facility or agency supervision helps ensure that an abuser does not escape accountability and will not remain undetected in another facility or in another jurisdiction and thus can be critical to preventing further abuse. This should be an important risk management consideration for any agency or facility.
This standard requires that victims and complainants be notified of the final investigative outcome (e.g., unfounded/ unsubstantiated/ substantiated) and any disciplinary or criminal sanctions imposed pursuant to a substantiated allegation of sexual abuse. When the investigative outcome is modified pursuant to review, appeal, or arbitration after notification has taken place, the victim/complainant should be notified of the modified outcome.
The “source” of an allegation of sexual abuse that triggers the duty to investigate may come in the form of evidence obtained during the investigation of a violent incident, or even death, within the facility that does not appear to have any connection to sexual abuse. Facilities should be attuned to the fact that sexual abuse may be the motivating factor behind seemingly unrelated assaults, suicides, and homicides within their facilities. Forensic autopsies should be employed whenever possible to determine whether sexual abuse occurred prior to the act of violence or suicide being investigated.
Community Corrections Facilities Pretrial, Probation, and Parole
Criminal and administrative agency or facility investigations
Agency or facility investigations into allegations of sexual abuse are prompt, thorough, objective, and conducted by investigators who have received special training in sexual abuse investigations (TR-4). When outside agencies investigate sexual abuse, the agency or facility has a duty to keep abreast of the investigation and cooperate with outside investigators (RP-3). Investigations include the following elements:
• Investigations are initiated and completed within the timeframes established by the highest-ranking official, and the highest-ranking official approves the final investigative report.
• Investigators gather direct and circumstantial evidence, including physical and DNA evidence when available; interview alleged victims, suspected perpetrators, and witnesses; and review prior complaints and reports of sexual abuse involving the suspected perpetrator.
• When the quality of evidence appears to support criminal prosecution, prosecutors are contacted to determine whether compelled interviews may be an obstacle for subsequent criminal prosecution.
• Investigative findings are based on an analysis of the evidence gathered and a determination of its probative value.
• The credibility of a victim, suspect, or witness is assessed on an individual basis and is not determined by the person’s status as defendant/offender or staff.
• Investigations include an effort to determine whether staff negligence or collusion enabled the abuse to occur.
• Administrative investigations are documented in written reports that include a description of the physical and testimonial evidence and the reasoning behind credibility assessments.
• Criminal investigations are documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and provides a proposed list of exhibits.
• Substantiated allegations of conduct that appear to be criminal are referred for prosecution.
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Assessment Checklist |
YES |
NO |
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(a) Are investigations of allegations of sexual abuse conducted only by investigators who have received special training in sexual abuse investigations (TR-4)? |
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(b) When outside agencies investigate sexual abuse, does the agency or facility keep abreast of the investigation and cooperate with outside investigators (RP-3)? |
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(c) Are investigations of allegations of sexual abuse initiated and completed within prompt timeframes established by the agency or facility? |
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(d) Do investigations include a review of all direct and circumstantial evidence, including physical and DNA evidence when available; interviews of alleged victims, suspected perpetrators, and witnesses; and prior complaints and reports of sexual abuse or misconduct involving the suspected perpetrator? |
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(e) Does the agency or facility contact prosecutors when the quality of evidence appears to support criminal prosecution to determine whether compelled interviews may be an obstacle for subsequent criminal prosecution? |
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(f) Are investigative findings based on the analysis of the evidence gathered and a |
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(g) Do investigators assess the credibility of a victim, suspect, or witness on an |
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(h) Do investigations include an effort to determine whether staff negligence or collusion enabled the abuse to occur? |
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(i) Are administrative investigations documented in written reports that include a |
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(j) Are criminal investigations documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and provides a |
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(k) Are substantiated allegations of conduct that appear to be criminal referred for |
Discussion
This standard addresses both criminal and administrative investigations. There are significant differences in how each type of investigation is conducted, and it is critically important to keep criminal and administrative investigations separate. However, certain elements are important to both types of investigation, and the standard addresses these elements.
The standard requires that effective investigations be initiated and completed promptly so that physical evidence is available and usable before memories have faded. Prompt investigations also give credence to an agency’s or facility’s zero-tolerance commitment to end sexual abuse. Prompt investigations improve safety and morale by ensuring that wrongly accused suspects are exonerated as quickly as possible and that abusers are detected and removed and/or disciplined as quickly as possible. Agencies or facilities should ensure that established timelines provide sufficient time for investigators to complete the investigation and for the review process to be completed. However, investigations and their reviews should be completed within the constraints imposed by statutes of limitation or terms and conditions of collective bargaining agreements to ensure that the facility has the ability to impose discipline when allegations are substantiated.
This standard also reflects the importance of investigations being conducted by investigators with the skills, objectivity, and sensitivity to resolve allegations credibly and with well-documented evidence. As the standard reflects, investigators must always be trained in conducting sexual abuse investigations (TR-4).
In cases of alleged staff-on-defendant/offender sexual abuse or harassment, the agency or facility will need to make extra efforts to ensure that those investigations are objective and thorough and should consider using outside investigators whenever possible to ensure the appearance as well as the reality of impartiality.
Because sexual abuse often has no witnesses and does not leave visible injury, investigators must be assiduous in searching out other kinds of direct and circumstantial evidence. To be successful, this requirement, like the other requirements of this standard, will need to be bolstered by investigator training and strong facility policies.
The type of direct and circumstantial evidence that can be gathered and analyzed will vary depending on the nature of the allegation. When forced intercourse or similar abuse is alleged, for example, properly conducted forensic exams may yield DNA evidence. When staff-defendant/offender relationships are alleged, investigators should search for potentially corroborating evidence such as telephone records, gifts, letters, and similar items. Investigators should also conduct a review of prior complaints of sexual abuse as well as disciplinary findings in those cases—including from other facilities or jurisdictions, whenever possible—as such information may suggest repeated patterns of behavior that bear on the credibility of the suspected abuser. Unless State law specifies otherwise, agencies or facilities should maintain those records for the duration of the defendant/offender’s sentence or staff member’s employment.
Credibility assessments play an important role in the investigation of sexual abuse, as in any other investigation, and particularly so when there is no physical evidence. Properly trained investigators and agency officials must assess the truthfulness of alleged victims, suspected abusers and witnesses (if there are any), based on a careful consideration of individual factors pertinent to each person (e.g., his or her possible motivations, opportunity, prior history of truthfulness, consistency of statements, etc.). Assumptions about truthfulness should not be based simply on the fact that a person is a defendant/offender or member of the staff. The Commission especially cautions against automatically believing staff and disbelieving defendants/offenders when their statements contradict each other.
As this standard reflects, an important aspect of investigations of sexual abuse allegations is determining whether any staff negligence or collusion may have played a role in facilitating or causing the sexual abuse. This inquiry is critical to preventing future sexual abuse and is an important risk management tool for agencies or facilities.
As do several other standards, this standard recognizes the importance of coordinating with prosecuting authorities in cases involving sexual abuse allegations. This standard does not advocate delaying the initiation of the administration investigation until the decision of whether to prosecute has been made. However, to avoid compromising criminal investigations, investigators must contact prosecuting authorities before taking any compelled statements of subjects in potentially criminal cases. Agencies or facilities also must refer criminal cases for prosecution whenever the evidence indicates that the abuse appears to be criminal.
Community Corrections Facilities Pretrial, Probation, and Parole
Evidence standard for administrative investigations
Allegations of sexual abuse are substantiated if supported by a preponderance of the evidence or a lesser standard if allowed under agency or facility policy or State law.
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Assessment Checklist |
YES |
NO |
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(a) Are allegations of sexual abuse substantiated if supported by a preponderance of the evidence or a lesser standard if allowed under agency or facility policy or State law? |
Discussion
The goal of this standard is to ensure that the agency or facility uses a standard of proof that is fair to all parties and appropriate for administrative action. This standard of proof applies to both staff administrative hearings as well as defendant/offender disciplinary hearings and requires investigators to use the preponderance of the evidence standard or a lesser standard if allowed by agency or facility policy or State law. The preponderance of the evidence standard is commonly used in administrative investigations as well as in civil suits involving sexual abuse. The preponderance of the evidence standard requires that an allegation be substantiated when the evidence shows that it is more likely than not that the alleged abuse occurred. Administrative cases do not require that allegations be proven beyond a reasonable doubt. Some agencies or facilities may establish lower thresholds for substantiating allegations of sexual abuse. This standard does not require that such agencies or facilities raise the threshold to the preponderance of evidence standard if a lesser standard is allowed under agency or facility policy or State law. Some jurisdictions may use, for example, a threshold of “some evidence,” which is allowable under this standard.
When available evidence is insufficient to substantiate an allegation, it may also be insufficient to prove that the alleged abuse did not occur. Such allegations may be determined to be unsubstantiated, but cannot properly be categorized as unfounded. Where there are numerous unfounded allegations in an agency or facility, administrators may want to review the quality of the investigations and closely scrutinize policies and protocols because numerous unfounded incidents may indicate problems with the way investigations are being conducted or reveal unknown incidents that actually did occur.
Discipline (DI)
Community Corrections Facilities Pretrial, Probation, and Parole
Disciplinary sanctions for staff
Staff is subject to disciplinary sanctions up to and including termination when staff has violated agency or facility sexual abuse policies. The presumptive disciplinary sanction for staff members who have engaged in sexually abusive contact or penetration is termination. This presumption does not limit agency or facility discretion to impose termination for other sexual abuse policy violations. All terminations for violations of agency or facility sexual abuse policies are to be reported to law enforcement agencies and any relevant licensing bodies.
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Assessment Checklist |
YES |
NO |
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(a) When staff has violated agency or facility sexual abuse policies, has the staff member received sanctions up to and including termination? |
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(b) Do the disciplinary sanctions imposed indicate that the presumptive disciplinary |
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(c) Does the agency or facility report to law enforcement agencies and any relevant licensing bodies all individuals terminated by the agency or facility for violating agency or facility sexual abuse policies? |
Discussion
Imposing significant disciplinary sanctions for sexual abuse is a critical component of communicating an agency’s or facility’s zero tolerance of sexual abuse and developing a culture of safety and accountability. The goal of this standard is to ensure fair and consistent accountability for staff members who have violated agency or facility sexual abuse policies and procedures, regardless of whether they are found guilty in criminal proceedings. Violations that require disciplinary sanctions pursuant to this standard include engaging in actual or attempted abuse or harassment, failing to report an incident of sexual abuse, failing to limit information received about an allegation to those who need to know, failing to cooperate with a sexual abuse investigation, engaging in retaliation against defendants/offenders or staff who report abuse, and failing to follow any other agency or facility policy regarding sexual abuse in which staff was trained.
Disciplinary hearings for adjudicating allegations of attempted or actual staff-on-defendant/offender sexual abuse or staff-on-defendant/offender sexual harassment should be fair, and sanctions should be proportional to the nature and circumstances of the accused staff member’s conduct, his or her disciplinary history, and the sanctions meted out for comparable offenses by other staff with similar histories. Sanctions may entail training and counseling. The sanctions should be sufficiently serious in all cases to communicate to all staff and defendants/offenders the agency’s or facility’s refusal to tolerate sexual abuse or any conduct that impedes efforts to eliminate it.
This standard requires that termination be the “presumptive” but not the mandatory sanction for certain types of sexual abuse in recognition of the fact that disciplinary sanctions must be determined on a case-by-case basis. Establishing termination as a presumption places a heavy burden on the staff person found to have committed the abuse to demonstrate why termination is not the appropriate sanction. This presumption also requires that termination should be the rule for the referenced types of sexual abuse, with exceptions made only in extraordinary circumstances. As the standard reflects, although termination is not the presumption for all types of sexual abuse, it may be the appropriate sanction for instances of sexual abuse less severe than sexually abusive contact or penetration.
This standard is not meant to increase the employment rights of staff who are at-will employees.
Community Corrections Facilities Pretrial, Probation, and Parole
Disciplinary sanctions for defendants/offenders
Defendants/offenders are subject to disciplinary sanctions pursuant to a formal disciplinary process following an administrative ruling that the defendant/offender engaged in defendant/offender-on-defendant/offender sexual abuse or following a criminal finding of guilt for defendant/offender-on-defendant/offender sexual abuse. Sanctions are commensurate with the nature and circumstances of the abuse committed, the defendant/offender’s disciplinary history, and the sanctions meted out for comparable offenses by other defendants/
offenders with similar histories. The disciplinary process must consider whether a defendant/offender’s mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed. Possible sanctions can include discipline within the community corrections facility, new criminal charges, or referral to authorities who may change conditions of a defendant/offender’s release status in the community. Sanctions may also include interventions designed to address and correct underlying reasons or motivation for the abuse, such as requiring the offending defendant/offender to participate in therapy, counseling, or other programs. Sanctions and/or interventions for young defendants/offenders must also take into account the social, sexual, emotional, and cognitive development of the defendant/offender.
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Assessment Checklist |
YES |
NO |
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(a) When there has been an administrative ruling of defendant/offender-on-defendant/offender sexual abuse or a criminal finding of guilt for defendant/offender-on- |
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(b) Do the possible sanctions include discipline within the community corrections facility, new criminal charges, or referral to authorities who may change conditions of a defendant/offender’s release status in the community? |
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(c) Does the disciplinary process include consideration of any mental disabilities or mental illness that may have contributed to the abuse in determining the appropriate disciplinary sanction? |
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(d) Do possible sanctions include interventions designed to address and correct underlying reasons or motivation for the abuse, such as therapy, counseling, or other programs? |
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(e) Do sanctions and/or interventions for young defendants/offenders also take into account the social, sexual, emotional, and cognitive development of the defendant/offender? |
Discussion
Holding defendants/offenders accountable for sexually abusing other defendants/offenders is essential to deter abuse and demonstrate to defendants/offenders and staff that the agency or facility takes seriously its zero-tolerance policy. This standard recognizes that defendant/offender accountability and the likely reduction in recidivism may be best achieved by using various kinds of sanctions, including not just punitive ones (e.g., loss of privileges) but positive interventions that may help a defendant/offender learn to better control his or her own behavior (e.g., counseling, participation in group programs, or other therapeutic interventions). All sanctions and interventions should send a clear message that the agency or facility does not tolerate sexual abuse of any sort.
The Commission strongly urges agencies or facilities to refrain from imposing disciplinary sanctions on defendants/offenders solely because they have participated in apparently consensual sex or romantic relationships with staff. Disciplinary sanctions for such defendants/offenders will discourage them from reporting abuse. Additionally, some defendants/offenders may fail to report abuse because of larger safety concerns in the facility and therefore should not be punished for concealing sexual activity. Staff should always be held responsible for such abuse. On the other hand, the Commission recognizes that defendants/offenders may engage in relationships with staff to obtain contraband or break other facility rules without being punished. The Commission believes defendants/offenders should be held responsible for such other rules violations, but not for the sexual relationship that allowed for such violations.
Appropriate interventions for young defendants/offenders should take into consideration the normal course of adolescent psychosocial and sexual development, which often includes periods of increased sexual desires, sexual experimentation, and masturbation. Young defendants/offenders will experience numerous physiological and emotional changes during their period of confinement or supervision, including physical maturation and development, an increase in hormone levels, and an increased desire to engage in sexual activity. Additionally, young defendants/offenders may engage in masturbation or self-experimentation, and such actions should not be subject to disciplinary sanctions unless they purposefully occur in front of staff, are directed toward other defendants/offenders, or are otherwise disruptive in nature. Direct training on adolescent development will enable staff to understand and better differentiate normal adolescent experimental behavior from sexually aggressive and dangerous behavior (TR-1).
Medical and Mental Health Care (MM)
Community Corrections Facilities
Access to emergency medical and mental health services
Victims of sexual abuse have timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment. Treatment services must be provided free of charge to the victim and regardless of whether the victim names the abuser. If the community corrections facility does not have medical or mental health practitioners or they are not on duty at the time a report of recent abuse is made, staff first responders take preliminary steps to protect the victim (OR-3) and immediately notify appropriate staff or community medical and mental health practitioners.
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Assessment Checklist |
YES |
NO |
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(a) Do defendants/offenders have timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment? |
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(b) Are treatment services provided free of charge to the victim? |
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(c) Are treatment services provided regardless of whether the victim names the abuser? |
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(d) If there are no qualified staff medical or mental health practitioners or they are not on duty at the time a report is made, do staff first responders take preliminary steps to protect the victim (OR-3) and immediately notify the appropriate staff or community medical and mental health practitioners? |
Discussion
Under this standard, the facility is required to provide emergency medical treatment and crisis intervention services free of charge to victims of sexual abuse. Such services may include, but are not limited to: (1) assessing the victim’s acute medical and mental health needs as soon as possible; (2) obtaining consent for treatment from the victim, unless the victim is under 18 or applicable age of majority within that jurisdiction; (3) treating the victim’s acute medical and mental health needs as soon as possible; (4) documenting the victim’s acute medical and mental health needs and treatment provided as soon as possible; (5) providing support and crisis intervention services; and (6) providing access to a forensic medical exam and, if the victim agrees to an exam, ensuring facility protocol is followed whenever there may be physical evidence of sexual abuse (RP-1).
The standard’s requirement that medical and mental health services be provided even when the victim refuses to name the abuser means that victims must be able to meet with medical or mental health practitioners without having to disclose details of the abuse to a staff member. As such, facilities may need to adapt their sick call policies to allow defendants/offenders to access medical and mental health care practitioners without having to describe their victimization.
Community Corrections Facilities
Ongoing medical and mental health care for sexual abuse victims and abusers
The facility provides ongoing medical and/or mental health evaluation and treatment to all known victims of sexual abuse. The evaluation and treatment of sexual abuse victims must include appropriate follow-up services, treatment plans, and, when necessary, referrals for continued care following their release from a community corrections facility. The level of medical and mental health care provided to defendant/offender victims must match the community level of care generally accepted by the medical and mental health professional communities. The facility conducts a mental health evaluation of all known abusers and provides treatment, as deemed necessary by qualified mental health practitioners.
|
Assessment Checklist |
YES |
NO |
|
(a) Does the facility provide ongoing medical and/or mental health evaluation and treatment to all known victims of sexual abuse? |
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(b) Does the evaluation and treatment of victims include the following? |
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• Appropriate follow-up services |
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• Treatment plans |
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• When necessary, referrals for continued care for sexual abuse victims following their release from a community corrections facility |
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(c) Does the level of medical and mental health care provided to defendant/offender victims match the level of care generally accepted by the medical and mental health professional communities? |
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(d) Does the facility conduct a mental health evaluation of all known abusers? |
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(e) Does the facility provide treatment for abusers, as deemed necessary by qualified mental health practitioners? |
Discussion
Victims of sexual abuse can experience a range of physical injuries and emotional reactions, even long after the abuse has occurred, that require medical or mental health attention. As required by this standard, the facility must be able to ensure that all victims receive the appropriate medical and/or mental health services recommended by qualified practitioners. Follow-up evaluations and assessments may include the following actions: (1) reviewing any medical and mental health treatment provided immediately following the incident, including whether a forensic medical exam was performed; (2) diagnosing any lingering acute or nonacute physical injuries, including oral trauma; and (3) assessing the psychological impact of the victimization, including the risk of suicide or self-harm and any resulting mental health treatment needs. These follow-up evaluations and assessments will enable mental health and medical practitioners to determine and provide the most appropriate treatment for the defendant/offender, which could include mental health treatment, medical treatment, or both. Reviewing and adjusting victim treatment plans at regular, clinically appropriate intervals will allow the agency to provide the most comprehensive and appropriate care for as long as treatment is required. Most community corrections facility will not have medical or mental health practitioners on staff and will need to refer defendants/offenders to community provides to obtain these services. The requirement that facilities provide these services does not mean they must provide them in-house.
Victims and perpetrators of sexual abuse, whether recent or historical, are at risk for sexually transmitted infections (STIs), including HIV. Regardless of whether a defendant/offender has accepted prevention or treatment for STIs, medical practitioners ought to offer and strongly encourage him or her to be tested for HIV and viral hepatitis six to eight weeks following the sexual abuse.
In accordance with this standard’s requirement to provide victims with the level of care generally accepted in the medical and mental health care professional communities, if there has been vaginal penetration, female victims who have been recently abused should be offered pregnancy tests at the time of the medical evaluation and, if the test is negative, should be offered retesting approximately six weeks thereafter. Victims who have positive tests should receive counseling and have access to all pregnancy-related medical services that are lawful in the community.
Additionally, this standard requires mental health evaluations and treatment, when appropriate, of all known abusers. Mental health practitioners may find that ongoing mental health treatment, including counseling, group programs, or other therapeutic interventions, may be beneficial to abusers. Providing mental health treatment to abusers may help them develop better control over their actions and improve their conduct; in doing so, such treatment may help reduce the likelihood of recidivism and thereby improve facility safety. As noted in the standard, the facility’s mental health practitioners must use their professional judgment to determine the appropriate treatment and services for individuals with a recent or previous history of sexual abusiveness.
Defendants/offenders over the age of 18 have the right to refuse medical and/or mental health care after receiving counseling about the potential value of the services they would receive. As a risk management measure, the facility should require defendants/offenders to sign refusals of care and document such refusals in the defendant/offender’s medical file.