28 C.F.R. § 115.43

Protective custody

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(a) Inmates at high risk for sexual victimization shall not be placed in involuntary segregated housing unless an assessment of all available alternatives has been made, and a determination has been made that there is no available alternative means of separation from likely abusers. If a facility cannot conduct such an assessment immediately, the facility may hold the inmate in involuntary segregated housing for less than 24 hours while completing the assessment.

(b) Inmates placed in segregated housing for this purpose shall have access to programs, privileges, education, and work opportunities to the extent possible. If the facility restricts access to programs, privileges, education, or work opportunities, the facility shall document:

(1) The opportunities that have been limited;

(2) The duration of the limitation; and

(3) The reasons for such limitations.

(c) The facility shall assign such inmates to involuntary segregated housing only until an alternative means of separation from likely abusers can be arranged, and such an assignment shall not ordinarily exceed a period of 30 days.

(d) If an involuntary segregated housing assignment is made pursuant to paragraph (a) of this section, the facility shall clearly document:

(1) The basis for the facility's concern for the inmate's safety; and

(2) The reason why no alternative means of separation can be arranged.

(e) Every 30 days, the facility shall afford each such inmate a review to determine whether there is a continuing need for separation from the general population.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2016–2024 · leading case: Richardson v. Dist. of Columbia, 322 F. Supp. 3d 175 (D.C. Cir. 2018).

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Richardson v. Dist. of Columbia, 322 F. Supp. 3d 175 (D.C. Cir. 2018). “The Committee would forward its housing recommendation to the jail's warden for final approval.”

Zollicoffer v. Livingston, 169 F. Supp. 3d 687 (S.D. Tex. 2016). “28 C.F.R. § 115.43 (prohibiting the use of involuntary segregated housing unless a determination has been made that there is no available alternative means of separation from likely abusers and, in any case, only “until an alternative means of .”

Richardson v. Smith (D.D.C. 2018). “at 6 , a limitation demanded by the PREA, 28 C.F.R. § 115.43 ; see also id. § 115.42 (barring jails from placing transgender inmates “in dedicated facilities, units, or wings solely on the basis of such identification or status” unless required by consent decree).”

Peterson v. United States of Am. (N.D. Cal. 2020). “See 28 C.F.R. § 115.43 (a) (providing involuntary segregated housing 2 “shall not” be used “unless” alternatives have been considered), (c) (providing that involuntary 3 segregated housing assignments “shall not ordinarily exceed a period of 30 days”).”

Rivers v. Squires (W.D.N.Y. 2024). “” 28 C.F.R. § 115.43 . some situations is not dispositive of Rivers’s retaliation claim.”

Gilliam v. Dep't of Pub. Saf. & Corr. Servs. (D. Maryland 2024). “” 28 C.F.R. § 115.43 (a). The assessment must be conducted immediately or within 24 hours of placement in segregated housing.”

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