C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS › Subpart A—Standards for Adult Prisons and Jails

28 C.F.R. § 115.34

Specialized training: Investigations

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(a) In addition to the general training provided to all employees pursuant to § 115.31, the agency shall ensure that, to the extent the agency itself conducts sexual abuse investigations, its investigators have received training in conducting such investigations in confinement settings.

(b) Specialized training shall include techniques for interviewing sexual abuse victims, proper use of Miranda and Garrity warnings, sexual abuse evidence collection in confinement settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral.

(c) The agency shall maintain documentation that agency investigators have completed the required specialized training in conducting sexual abuse investigations.

(d) Any State entity or Department of Justice component that investigates sexual abuse in confinement settings shall provide such training to its agents and investigators who conduct such investigations.

Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Zollicoffer v. Livingston, 169 F. Supp. 3d 687 (S.D. Tex. 2016).
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Zollicoffer v. Livingston, 169 F. Supp. 3d 687 (S.D. Tex. 2016). “28 C.F.R. §§ 115.34 ., 71 (requiring correctional officers to gather and preserve direct and circumstantial evidence of sexual abuse; take immediate action to protect inmates from a substantial risk of imminent sexual abuse; and take an' active role in the investigation,…”
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