Adult Prisons and Jails with Immigration Supplement Lockups Juvenile Facilities Community Corrections

National Prison Rape Elimination Commission logo

Standards:

For The Prevention, Detection, Response, and Monitoring of
Sexual Abuse in:

Community Corrections

 

II. PREVENTION

(TR)

Training and Education (TR)

Community Corrections Facilities Pretrial, Probation, and Parole

(TR1)

Employee training

The agency or facility trains all employees to be able to fulfill their responsibilities under agency or facility sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and under relevant Federal, State, and local law. The agency or facility trains all employees to communicate effectively and professionally with all defendants/offenders. Additionally, the agency or facility trains all employees on a defendant/offender’s right to be free from sexual abuse, the right of defendants/offenders and employees to be free from retaliation for reporting sexual abuse, the dynamics of sexual abuse, and the common reactions of sexual abuse victims. Current employees are educated as soon as possible following the agency’s or facility’s adoption of the PREA standards, and the agency or facility provides periodic refresher information to all employees to ensure that they know the agency’s or facility’s most current sexual abuse policies and procedures. The agency or facility maintains written documentation showing employee signatures verifying that employees understand the training they have received.

Assessment Checklist

YES

NO

(a) Do employees receive the training necessary to fulfill their responsibilities under agency or facility sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State, and local law?

(b) Does the agency or facility train all employees to communicate effectively and professionally with all defendants/offenders and emphasize the communication skills necessary when addressing issues of sexual abuse?

(c) Does the agency or facility train all employees on the following topics?

• A defendant/offender’s right to be free from sexual abuse

• The right of defendants/offenders and employees to be free from retaliation for reporting sexual abuse

• The dynamics of sexual abuse (i.e., gender, cultural differences)

• The common reactions of sexual abuse victims

(d) Does the agency or facility provide periodic refresher training to ensure that all employees are educated on the agency’s or facility’s most current sexual abuse policies and procedures?

(e) Following training, does the agency or facility require employees to sign documentation stating that they understand the training they have received and maintain documentation of these signatures?

Discussion

Under this standard, each agency or facility must provide employees with the knowledge and skills to prevent sexual abuse from occurring, to identify signs that sexual abuse may be occurring, and to take the appropriate actions when they learn of recent or historical incidents of sexual abuse. Additionally, it is important that all employees are trained to communicate effectively and professionally with all defendants/offenders, including those of different races,
ethnicities, cultural or religious backgrounds, ages, genders, and sexual orientations as well as defendants/offenders with differing cognitive abilities. It is also important that all staff members are trained to communicate effectively and professionally about issues related to sexual abuse. Good communication encourages greater trust between employees and defendants/offenders, which may remove one of the obstacles to defendant/offender reporting of sexual abuse.

Employee training can take place in multiple venues, including roll calls, on-the-job training, new employee orientations, and pre-service or in-service academies. It is recommended that an agency’s or facility’s sexual abuse training programs be accompanied by clear sexual abuse prevention policies developed with an eye toward overcoming any anticipated employee resistance to or concerns about such policies. When putting together a training plan, agency or facility administrators and/or PREA coordinators may find it helpful to consult the many resources and training materials already available, including those developed by other local, State, and Federal correctional agencies; the National Institute of Corrections (NIC); and the Bureau of Justice Assistance (BJA).

A full list of suggested employee training topics and procedures is provided in Appendix B. Although Appendix B is not an exhaustive or exclusive list, agencies or facilities may wish to use these items as a starting point for developing their own employee training curriculum and programs.

Community Corrections Facilities Pretrial, Probation, and Parole

(TR2)

Volunteer and contractor training

The agency or facility ensures that all volunteers and contractors who have contact through the agency or facility with defendants/offenders have been trained on their responsibilities under the agency’s sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State, and local law. The level and type of training provided to volunteers and contractors is based on the services they provide and level of contact they have with defendants/offenders, but all volunteers and contractors who have contact with defendants/offenders must be notified of the agency’s or facility’s zero-tolerance policy regarding sexual abuse. Volunteers must also be trained in how to report sexual abuse. The agency or facility maintains written documentation showing volunteer and contractor signatures verifying that they understand the training they have received.

Assessment Checklist

YES

NO

(a) Does the agency or facility ensure that all volunteers and contractors who have contact through the agency with defendants/offenders have been trained on their responsibilities under the agency’s sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State and local law?

(b) Does the agency or facility tailor its training for volunteers and contractors based on the services they provide and the level of contact they have with defendants/offenders?

(c) Are all volunteers and contractors who have contact with defendants/offenders notified of the agency’s or facility’s zero-tolerance policy regarding sexual abuse and trained in how to report sexual abuse to staff and/or other parties, when appropriate?

(d) Are all volunteers trained in how to report sexual abuse to facility staff and/or other parties, when appropriate?

(e) Following training, does the agency or facility require volunteers and contractors to sign documentation stating that they understand the training they have received and maintain documentation of these signatures?

Discussion

Because many volunteers have frequent contact with defendants/offenders, it is important that all volunteers for the agency or facility receive basic training on the PREA standards, the agency’s or facility’s zero-tolerance policy, and their responsibilities for reporting sexual abuse to facility security staff. Additionally, any contractors who have any contact with defendants/offenders, however minimal, will also need to be trained on the agency’s zero-tolerance policy. The agency or facility may choose to provide more detailed training for all or some subset of volunteers, including many of the same topics suggested for employee training in Appendix B.

Volunteer training may take many forms, including the provision of written information in manual or pamphlet form, as long as there is some record that volunteers have received and understand the information. Volunteers may be trained off-site by their volunteer organization as long as the organization’s training program meets the minimum requirements outlined in this standard. In these instances, the agency or facility must verify that the off-site training meets the requirements of this standard and maintain documentation that volunteers have received and understand this training, as mandated by the standard. If the agency or facility trains volunteers, agency or facility administrators and/or PREA coordinators may find it helpful to consult the many resources and training materials already available, including those developed by other local, State, and Federal correctional agencies; NIC; and BJA.

Community Corrections Facilities Pretrial, Probation, and Parole

(TR3)

Defendant/offender education

During the intake process into a facility or upon initial stages of supervision, staff informs defendants/offenders of the agency’s or facility’s zero-tolerance policy regarding sexual abuse and how to report incidents or suspicions of sexual abuse. Within a reasonably brief period of time, the agency or facility provides comprehensive education to defendants/offenders regarding their right to be free from sexual abuse and to be free from retaliation for reporting abuse, the dynamics of sexual abuse, the common reactions of sexual abuse victims, and agency or facility sexual abuse response policies and procedures. Current defendants/offenders are educated as soon as possible following the agency’s or facility’s adoption of the PREA standards, and the agency or facility provides periodic refresher information to all defendants/offenders to ensure that they know the agency’s or facility’s most current sexual abuse policies and procedures. Periodic refresher training may or may not be necessary in community corrections facilities given the shorter time period defendants/offenders may reside in these facilities. The agency or facility provides defendant/offender education in formats accessible to all defendants/offenders, including those who are LEP, deaf, visually impaired, or otherwise disabled as well as defendants/offenders who have limited reading skills. All information provided to defendants/offenders is communicated in a manner that is appropriate for the defendant/offender’s age and level of cognitive and emotional development. The agency or facility maintains written documentation of defendant/offender participation in these education sessions.

Assessment Checklist

YES

NO

(a) During the intake process and upon initial stages of supervision, does staff inform defendants/offenders of the agency’s or facility’s zero-tolerance policy regarding sexual abuse?

(b) During the intake process and upon initial stages of supervision, does staff tell defendants/offenders how to report incidents or suspicions of sexual abuse?

(c) Does the agency or facility provide comprehensive education to defendants/offenders within a reasonably brief period of time following the intake process or upon initial stages of supervision?

(d) Does the comprehensive education for defendants/offenders include the following topics?

• A defendant’s/offender’s right to be free from sexual abuse and free from retaliation for reporting abuse

• The dynamics of sexual abuse in community corrections

• The common reactions of sexual abuse victims

• Agency or facility sexual abuse response policies and procedures

(e) Does the agency or facility provide periodic refresher training to ensure that all
defendants/offenders are educated on the agency or facility’s most current sexual abuse policies and procedures?

(f) Does the agency or facility make training information available in formats accessible to all defendants/offenders, including those who are LEP, deaf, visually impaired, or otherwise disabled and defendants/offenders who have limited reading skills?

(g) Is all information provided to defendants/offenders communicated in a manner that is appropriate for the defendant/offender’s age and level of cognitive and emotional development?

(h) Does the agency or facility verify a defendant/offender’s attendance at training sessions and maintain this written verification?

Discussion

Defendants/offenders need to be educated about the agency’s or facility’s sexual abuse policies so they understand how to protect themselves against sexual abuse, how to report sexual abuse, what will happen following a report, and the consequences for committing sexual abuse. A strong defendant/offender education program will send a message to defendants/offenders that sexual abuse is taken seriously and that the agency or facility will protect defendants/offenders who report incidents of sexual abuse and refer investigations for disciplinary action and/or criminal prosecution. If the agency or facility is responsible for the supervision of young defendants/offenders, the education program should be suited for that population. For example, younger defendants/offenders will need to learn about the agency’s or facility’s zero-tolerance policy in a way that does not frighten or confuse them, perhaps by explaining to the young defendants/offenders that no relationships beyond friendship are permitted.

In addition to determining an appropriate time frame for providing comprehensive education to new defendants/offenders, the agency or facility should develop a plan for providing the defendant/offender education program to current defendants/offenders to ensure that training is provided within a reasonable period of time after the adoption of the PREA standards, as required by this standard. Although the standard requires periodic refresher training, this may or may not be necessary in community corrections facilities given the shorter time period defendants/offenders may reside in these facilities.

Staff conducting the training should consider using some of the following tools, depending on the learning needs of the training population: videos, written materials, and structured discussions. As with developing a staff or volunteer training program, when putting together a defendant/offender training plan, agency administrators and/or PREA coordinators may find it helpful to consult the many resources and training materials already available, including those developed by other local, State, and Federal correctional agencies; NIC; and BJA.

Staff may need to train defendants/offenders in small groups and in settings with few distractions, due to the sensitive nature of the material. In addition to training sessions provided at specific times, the agency or facility should ensure key information is continually and readily available and/or visible to the defendant/offender population through posters, defendant/offender handbooks, or other written formats.

Community Corrections Facilities Pretrial, Probation, and Parole

(TR4)

Specialized training: Investigations

In addition to the general training provided to all employees (TR-1), the agency or facility ensures that investigators employed by the agency or facility and conducting sexual abuse investigations have received comprehensive and up-to-date training in conducting such investigations in community corrections settings. Specialized training must include population-appropriate techniques for interviewing sexual abuse victims, proper use of Miranda- and Garrity-type warnings, sexual abuse evidence collection in community corrections settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral. The agency or facility maintains written documentation that investigators have completed the required specialized training in conducting sexual abuse investigations.

Assessment Checklist

YES

NO

(a) Does the agency or facility ensure that all investigators employed by the agency or facility conducting sexual abuse investigations have received training in conducting such investigations in confinement settings?

(b) Does specialized training for sexual abuse investigators include the following?

• Techniques for interviewing sexual abuse victims

• Proper use of Miranda- and Garrity-type warnings

• Sexual abuse evidence collection in community corrections settings

• Criteria and evidence required to substantiate a case for administrative action or prosecution referral

(c) Does the agency or facility verify that investigators have completed specialized training in conducting sexual abuse investigations and maintain written verification?

Discussion

Substantiating and resolving incidents of sexual abuse requires highly competent investigations. Sexual abuse investigations in community corrections settings are particularly complicated, and an agency will not be successful in addressing abuse if it does not ensure that investigators are sufficiently trained. Many community corrections or pretrial, probation, or parole agencies will not employ their own investigators and will instead refer cases to local law enforcement. Under those circumstances, the requirements of this standard will not apply; instead, agency or facility heads will need to make efforts to develop an MOU with law enforcement entities (RP-3).

Because the trauma of sexual abuse can be especially devastating to victims who may already feel powerless and isolated, special care should be given to the quality and training of the investigator to ensure that victims and witnesses are treated in a manner that facilitates victims’ recovery and cooperation. Young defendants/offenders may be particularly reluctant to speak with investigators. Investigators working in or with agencies or facilities that house or supervise young defendants/offenders will benefit from training in techniques for communicating effectively with young victims without re-traumatizing them. It is critically important for sexual abuse investigators to be trained in how to interview sexual abuse victims and witnesses of all ages and backgrounds, who may be reluctant to speak to investigators or generally uncooperative. Such training may include strategies for communicating effectively and professionally with all types of defendants/offenders but may also include simple ideas such as making sure that victims and witnesses are interviewed in locations where they feel comfortable talking about the incident. Additionally, all investigators should know how and when to administer Miranda- and/or Garrity-type warnings to subjects of investigations.

Collecting evidence in community corrections settings requires that investigators understand where to look for evidence in these settings, including DNA evidence, and how staff will secure and preserve crime scenes. Sexual abuse investigators should also know how and when to photograph injuries. In addition to knowing how to collect evidence in a community corrections setting, investigators also need to know how to evaluate that evidence according to the different standards of proof required to substantiate a case for administrative action or prosecution referral. It may also be helpful for investigators to have an understanding of how cases are evaluated for prosecutorial merit.

When developing training curricula for investigators, the agency or facility may find it helpful to consult training materials developed by other Federal, State, and local correctional agencies; NIC; and BJA. In the event individual investigators have previously received the comprehensive training described above and within a time period consistent with the agency’s or facility’s requirements, the agency or facility does not need to re-train the investigators. In such instances, the agency or facility will need to verify the investigators’ preexisting knowledge and understanding of the requirements listed in this standard and their responsibilities under agency or facility policy; the PREA standards; and Federal, State, or local law.

Community Corrections Facilities Pretrial, Probation, and Parole

(TR5)

Specialized training: Medical and mental health care

The agency or facility ensures that all medical and mental health care practitioners employed or contracted with by the community corrections or pretrial, probation, or parole agency have been trained in how to detect and assess signs of sexual abuse and how to preserve physical evidence of sexual abuse. All medical and mental health care practitioners must be trained in how to respond effectively and professionally to victims of sexual abuse and how and to whom to report allegations or suspicions of sexual abuse. The agency or facility maintains documentation that medical and mental health practitioners have received this specialized training.

Assessment Checklist

YES

NO

(a) Does the agency or facility ensure that all medical and mental health care practitioners employed by or contracted with the agency or facility have been trained in how to detect and assess signs of sexual abuse?

(b) Does the agency or facility ensure that all medical practitioners employed by or contracted with the agency or facility have been trained in how to preserve physical evidence?

(c) Are all staff or contract medical and mental health care practitioners trained in how to respond effectively and professionally to all victims of sexual abuse?

(d) Does the agency or facility provide training in how and to whom to report allegations or suspicions of sexual abuse?

(e) Does the agency or facility verify that all staff or contract medical and mental health practitioners have received specialized training in detecting, assessing, and responding to sexual abuse victims and maintain this written verification?

Discussion

Defendants/offenders are often more likely to report sexual abuse to medical or mental health practitioners rather than to other staff. It is therefore critical that agencies or facilities provide training for medical and mental health practitioners on how to detect sexual abuse and how to elicit, receive, and forward reports of sexual abuse. If the agency or facility is responsible for the supervision of young defendants/offenders, medical and mental health practitioners should be trained and experienced in working with children and young victims of sexual abuse. Many community corrections and pretrial, probation, and parole agencies may not employ or contract with their own medical or mental health practitioners. Under those circumstances, the requirements of this standard will not apply.

This standard requires that staff or contract medical or mental health practitioners who regularly work at a facility or with an agency be specially trained. The Commission recognizes that there may be occasions in which a practitioner works on an extremely short, ad hoc basis. For example, a practitioner may be serving as an emergency substitute for a sick staff member. The standard does not require the agency to ensure such practitioners have received the special training, although it may want to do so to guarantee that at least one specially trained practitioner is on duty at all times.

In the event medical and mental health care practitioners have previously received the training described above and within a time period consistent with the agency’s or facility’s requirements, the agency does not need to re-train the medical and mental health care staff. In such instances, the agency will need to verify the staff members’ preexisting knowledge and understanding of the requirements listed in this standard and their responsibilities under agency policy; the PREA standards; and Federal, State, or local law.

(SC)

Screening for Risk of Sexual Victimization and Abusiveness (SC)

Community Corrections Facilities

(SC1)

Screening for risk of victimization and abusiveness

All defendants/offenders are screened during intake to assess their risk of being sexually abused by other defendants/offenders or sexually abusive toward other defendants/offenders.
Employees must review information received with the defendant/offender as well as discussions with the defendant/offender. Employees must conduct this screening using a written screening instrument tailored to the gender of the population being screened. Although additional factors may be considered, particularly to account for emerging research and the agency’s or facility’s own data analysis, screening instruments must contain the criteria described below. For defendants/offenders under the age of 18 or applicable age of majority within that jurisdiction, screening must be conducted by medical or mental health practitioners. If the facility does not have medical or mental health practitioners available, these young defendants/offenders are given an opportunity to participate in screenings in private. All screening instruments must be made available to the public upon request.

• At a minimum, employees use the following criteria to screen male defendants/offenders for risk of victimization: mental or physical disability, young age, slight build, nonviolent history, prior convictions for sex offenses against an adult or child, sexual orientation of gay or bisexual, gender nonconformance (e.g., transgender or intersex identity), prior sexual victimization, and the defendant/offender’s own perception of vulnerability.

• At a minimum, employees use the following criteria to screen male defendants/offenders for risk of being sexually abusive: prior acts of sexual abuse and prior convictions for violent offenses.

• At a minimum, employees use the following criteria to screen female defendants/offenders for risk of sexual victimization: prior sexual victimization and the defendant/offender’s own perception of vulnerability.

• At a minimum, employees use the following criteria to screen female defendants/offenders for risk of being sexually abusive: prior acts of sexual abuse.

Assessment Checklist

YES

NO

(a) Are all defendants/offenders screened during intake to assess their risk of being
sexually abused by other defendants/offenders and/or their risk of being sexually
abusive toward other defendants/offenders?

(b) Does the facility provide employees with a written screening instrument tailored to male or female populations, depending on the makeup of the facility’s population?

(c) Do screening instruments for risk of sexual victimization for male defendants/
offenders include the following criteria?

• Mental or physical disability

• Young age

• Slight build

• Nonviolent history

• Conviction for sex offenses against an adult or child

• Sexual orientation of gay or bisexual

• Gender nonconformance (e.g., transgender or intersex identity)

• Prior sexual victimization

• Defendant/offender’s own perception of vulnerability

(d) Do screening instruments for risk of being sexually abusive for male defendants/
offenders include the following criteria?

• Prior acts of sexual abuse

• Prior convictions for violent offenses

(e) Do screening instruments for risk of sexual victimization for female defendants/
offenders include the following criteria?

• Prior sexual victimization

• Defendant/offender’s own perception of vulnerability

(f) Do screening instruments for risk of being sexually abusive for female defendants/
offenders include the following criteria?

• Prior acts of sexual abuse

(g) Are screening instruments available to the public upon request?

(h) Are young defendants/offenders screening by medical or mental health practitioners, or if such practitioners are not available, is the screening conducted in private?

Discussion

There is currently a paucity of research on effective methods for screening for sexual abusers and victims in community corrections; however, new research may be forthcoming. The Commission strongly recommends that agency and facility heads consult emerging research periodically and tailor their screening instruments to the latest research as well as to the culture, makeup, and geographical regions of the facilities they operate. Agency heads should also consult their collected data (DC-2) to identify any patterns or similar characteristics among sexual abusers and victims in their facilities. In particular, at the time of publication of this body of standards, relatively little is known about predicting heightened risk for sexual victimization or abusiveness for female defendants/offenders. Similarly, less research has been undertaken to identify risk factors for engaging in sexual abuse for male defendants/offenders. The Commission urges researchers to examine these and other relatively unexplored areas, such as screening of non-English speakers and youth, to provide more guidance and direction to corrections practitioners. Further research is also needed to identify characteristics that may make male or female defendants/offenders more susceptible to sexual abuse by staff.

Defendants/offenders should be screened for risk of sexual victimization or abusiveness as soon as possible following their arrival at a facility. Employees must review information received with the defendant/offender as well as discussions with the defendant/offender. Equally important, however, is ensuring that employees review initial screening results on a periodic basis, depending on the length of stay of the defendant/offender. It is highly likely that more defendants/offenders will be identified as potentially vulnerable or abusive during the initial screening than are actually vulnerable or abusive. For example, there will be many male defendants/offenders with histories of violent felonies who are not actually prone to being sexually abusive. Therefore, the standard requires that screenings be reviewed during intake process and reviewed again if the defendant/offender remains at the facility for any significant length of time. The Commission recommends that employees review the screening results no later than 60 days after the initial screening and every 90 days thereafter.

When screening defendants/offenders for their risk of being sexually abused or abusive, the agency or facility must use the minimum criteria listed in the standard and determine how best to weigh those criteria, depending on the culture and makeup of the facility. The agency or facility will need to decide how to evaluate the impact of the passage of time on the predictive utility of prior convictions for sex offenses or other violent crimes and prior incidents of victimization or abusiveness. For example, a defendant/offender with a single incident of sexual victimization that occurred more than 20 years ago may not be at a greater risk for sexual victimization today. The agency or facility may find it helpful to use other criteria as well. As mentioned above, additional criteria should be developed based on emerging research and the facility’s culture, makeup, geographic region, and collected data. Another factor that may be useful for predicting high risk of sexual victimization for male defendants/offenders includes being in the racial minority within a given facility characterized by marked racial tension. Additionally, having effeminate features or mannerisms and not being street smart may also put male inmates at greater risk for sexual victimization. Finally, having an overtly aggressive attitude or intimidating attitude or having a particular gang affiliation may be associated with increased risk for sexually abusing other defendants/offenders.

When asking screening questions related to sexual orientation, it is critical that employees show sensitivity and discretion. It is equally important that employees tell defendants/offenders before they begin the screening that they are not required to answer any of the questions if they would prefer not to. Not all defendants/offenders will feel comfortable answering questions about their sexual orientation, and employees should respect refusals to answer those questions and not press for answers. Defendants/offenders who openly identify as gay or bisexual should be asked if they feel that they need heightened protection while incarcerated. Defendants/offenders who are transgender or intersex should also be asked if they feel that they need heightened protection. Employees should carefully consider and endeavor to respect the views of gay, bisexual, transgender, and intersex defendants/offenders who request or do not want heightened protection.

Community Corrections Facilities

(SC2)

Use of screening information

Employees use information from the risk screening (SC-1) to inform housing, bed, work, education, and program assignments. In many community corrections facilities, it is difficult, if not impossible, to keep defendants/offenders totally separate or segregated from each other. However, the facility can determine, based on the screening information, whether a particular defendant/offender should receive greater supervision, should have more frequent contact with staff, or is more appropriately housed in some alternative type of placement. The facility makes individualized determinations about how to ensure the safety of each defendant/offender. Lesbian, gay, bisexual, transgender, or other gender-nonconforming defendants/offenders are not placed in particular housing assignments solely on the basis of their sexual orientation, genital status, or gender identity.

Assessment Checklist

YES

NO

(a) Do employees use information from the risk screening to inform housing, bed, work, education, and program assignments?

(b) If a defendant/offender discloses prior sexual victimization or abusiveness during intake screening, does staff provide appropriate referral for treatment based on his or her reasonable professional judgment?

(c) Does the facility make individualized determinations about how to ensure the safety of each defendant/offender, including lesbian, gay, bisexual, transgender, or other gender-nonconforming defendants/offenders?

Discussion

For the sexual abuse screening information to be meaningful, it must be used to inform housing, bed, work, education, and program assignments for each defendant/offender. Because of the inherent risk in assigning defendants/offenders to rooms with multiple occupants, as is the case with many community corrections facilities, employees should consider the results of the screening with particular care and draw on appropriate professional common sense and judgment to determine appropriate pairings of individuals. Total separation or segregation of particular defendants/offenders may not be possible in community corrections facilities. The facility should determine whether a defendant/offender requires greater supervision or more frequent contact with staff. In some cases, the facility may need to determine that alternative placements will better ensure the defendant/offender’s safety.

Under this standard, the facility will need to consider each defendant/offender on a case-by-case basis when determining the appropriate placements for housing, work, programs, and education, rather than using blanket policies based on particular elements of a defendant/offender’s screening assessment. Preconceived notions, stereotypes, or bias should have no place in the housing decisions made for lesbian, gay, bisexual, transgender, and other gender-nonconforming defendants/offenders. Additionally, lesbian, gay, bisexual, transgender, and other gender-nonconforming defendants/offenders should never be placed solely because of their sexual orientation, genital status, or gender identity. Given that many officials are particularly perplexed about how to house transgender defendants/offenders safely and properly, the Commission also strongly urges agencies or facilities to give careful thought and consideration to the placement of each transgender defendant/offender and not to automatically place transgender individuals in male or female housing based on their birth gender or current genital status.

If an agency or facility is responsible for the confinement of individuals under the age of 18 or applicable age of majority within that jurisdiction, a strong effort should be made to house these individuals separately from adults. Although young defendants/offenders in general may be victimized more often, defendants/offenders under the age of 18 or applicable age of majority within that jurisdiction are not fully emotionally or physically developed and therefore may be particularly susceptible to abuse if housed with older defendants/offenders.