C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS

28 C.F.R. § 115.5

General definitions

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For purposes of this part, the term—

Agency means the unit of a State, local, corporate, or nonprofit authority, or of the Department of Justice, with direct responsibility for the operation of any facility that confines inmates, detainees, or residents, including the implementation of policy as set by the governing, corporate, or nonprofit authority.

Agency head means the principal official of an agency.

Community confinement facility means a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community correctional facility (including residential re-entry centers), other than a juvenile facility, in which individuals reside as part of a term of imprisonment or as a condition of pre-trial release or post-release supervision, while participating in gainful employment, employment search efforts, community service, vocational training, treatment, educational programs, or similar facility-approved programs during nonresidential hours.

Contractor means a person who provides services on a recurring basis pursuant to a contractual agreement with the agency.

Detainee means any person detained in a lockup, regardless of adjudication status.

Direct staff supervision means that security staff are in the same room with, and within reasonable hearing distance of, the resident or inmate.

Employee means a person who works directly for the agency or facility.

Exigent circumstances means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility.

Facility means a place, institution, building (or part thereof), set of buildings, structure, or area (whether or not enclosing a building or set of buildings) that is used by an agency for the confinement of individuals.

Facility head means the principal official of a facility.

Full compliance means compliance with all material requirements of each standard except for de minimis violations, or discrete and temporary violations during otherwise sustained periods of compliance.

Gender nonconforming means a person whose appearance or manner does not conform to traditional societal gender expectations.

Inmate means any person incarcerated or detained in a prison or jail.

Intersex means a person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development.

Jail means a confinement facility of a Federal, State, or local law enforcement agency whose primary use is to hold persons pending adjudication of criminal charges, persons committed to confinement after adjudication of criminal charges for sentences of one year or less, or persons adjudicated guilty who are awaiting transfer to a correctional facility.

Juvenile means any person under the age of 18, unless under adult court supervision and confined or detained in a prison or jail.

Juvenile facility means a facility primarily used for the confinement of juveniles pursuant to the juvenile justice system or criminal justice system.

Law enforcement staff means employees responsible for the supervision and control of detainees in lockups.

Lockup means a facility that contains holding cells, cell blocks, or other secure enclosures that are:

(1) Under the control of a law enforcement, court, or custodial officer; and

(2) Primarily used for the temporary confinement of individuals who have recently been arrested, detained, or are being transferred to or from a court, jail, prison, or other agency.

Medical practitioner means a health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified medical practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

Mental health practitioner means a mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified mental health practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

Pat-down search means a running of the hands over the clothed body of an inmate, detainee, or resident by an employee to determine whether the individual possesses contraband.

Prison means an institution under Federal or State jurisdiction whose primary use is for the confinement of individuals convicted of a serious crime, usually in excess of one year in length, or a felony.

Resident means any person confined or detained in a juvenile facility or in a community confinement facility.

Secure juvenile facility means a juvenile facility in which the movements and activities of individual residents may be restricted or subject to control through the use of physical barriers or intensive staff supervision. A facility that allows residents access to the community to achieve treatment or correctional objectives, such as through educational or employment programs, typically will not be considered to be a secure juvenile facility.

Security staff means employees primarily responsible for the supervision and control of inmates, detainees, or residents in housing units, recreational areas, dining areas, and other program areas of the facility.

Staff means employees.

Strip search means a search that requires a person to remove or arrange some or all clothing so as to permit a visual inspection of the person's breasts, buttocks, or genitalia.

Substantiated allegation means an allegation that was investigated and determined to have occurred.

Transgender means a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person's assigned sex at birth.

Unfounded allegation means an allegation that was investigated and determined not to have occurred.

Unsubstantiated allegation means an allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether or not the event occurred.

Volunteer means an individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency.

Youthful inmate means any person under the age of 18 who is under adult court supervision and incarcerated or detained in a prison or jail.

Youthful detainee means any person under the age of 18 who is under adult court supervision and detained in a lockup.

Notes of Decisions
Cited in 18 cases (12 in the last 5 years), 2014–2026 · leading case: John Does 8-10 v. Rick Snyder, 945 F.3d 951 (6th Cir. 2019).
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John Does 8-10 v. Rick Snyder, 945 F.3d 951 (6th Cir. 2019). · cites it 2× “115); see also 28 C.F.R. § 115.5 (defining “Agency” as “the unit of a State, local, corporate, or nonprofit authority, or of the Department of Justice, with direct responsibility for the operation of any facility that confines inmates .”
L. C. v. United States, 83 F.4th 534 (6th Cir. 2023). “In essence, it quotes (in bolded blue) the PREA implementing regulations promulgated in 28 C.F.R. §§ 115.5 , 115.3, and then provides additional policies and guidelines below the regulations’ text.”
Carlos Hernandez v. United States, 608 F. App'x 105 (3rd Cir. 2015). · cites it 2× “In his brief, he argued that the factual record submitted by the United States supported his allegations that he reported sexual assaults on January 9, 2009, and January 14, 2009, and that, given his reports, correctional officers and officials were without discretion regarding…”
Germaine Smart v. COII Ronald England, 93 F.4th 1283 (11th Cir. 2024). “§ 30306 (a),(d); 28 C.F.R. §§ 115.5 - 115.501. Unfortunately, it took the United States Department of Justice (“DOJ”) almost ten years to issue those national standards.”
Watts v. Commonwealth, 8 N.E.3d 717 (Mass. 2014). “See 28 C.F.R. §§ 115.5 , 115.14(a) (2013). That said, if full compliance is not achieved at the time of the required annual audit, the consequence is a reduction of grant money by five per cent unless the State gives “an assurance that not less than [five per cent] of such…”
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). · cites it 6× “34 USC 30307(a)(1); 28 CFR 115.5 et seq. B. PREA INVESTIGATION STANDARDS The PREA regulations contain standards to provide “policies to ensure referrals of allegations for investigation,” 28 CFR 115.”
Inscoe v. Ishee (N.C. Ct. App. 2025). · cites it 2× “]” 28 C.F.R. § 115.5 . - 22 - INSCOE V. ISHEE Opinion of the Court accompanying regulations in the subsection entitled “Screening for Risk of Sexual Victimization and Abusiveness[,]” federal regulations expressly address housing assignments for transgender and intersex inmates:…”
Andrea Nielsen v. Richard Macleod (7th Cir. 2026). · cites it 2× “§§ 30307(e)(2), 30309(7); 28 C.F.R. § 115.5 (2025). The jury heard excerpts from a training document under the Act outlining steps for prison officials to take when they receive any reports of custodial sexual abuse: Staff shall report and respond to allegations of sexual abuse…”
Andrea Nielsen v. Margaret Burke (7th Cir. 2026). · cites it 2× “§§ 30307(e)(2), 30309(7); 28 C.F.R. § 115.5 (2025). The jury heard excerpts from a training document under the Act outlining steps for prison officials to take when they receive any reports of custodial sexual abuse: Staff shall report and respond to allegations of sexual abuse…”
Chase Lucas v. Allen Chalk (6th Cir. 2019). “” 28 C.F.R. § 115.5 . Using these definitions, the fact that Lucas’s rape allegations were deemed “unsubstantiated,” even if true, would not be a determination that he was lying; instead it would amount to an acknowledgment that no definitive determination could be made either…”
Sonia Doe, a Pseudonym Vs. New Jersey Dep't of Corr. (new Jersey Dep't of Corr.) (record Impounded) (N.J. Super. Ct. App. Div. 2020). “28 C.F.R. § 115.5 (b) does not permit cross-gender pat-down searches of female inmates unless there are exigent circumstances.”
Michele Vuolo v. MHM Health Professionals, LLC (11th Cir. 2023). “” 28 C.F.R. § 115.5 . Vuolo also asserted that MHM pro- vides healthcare at certain Florida Department of Corrections fa- cilities under contract, and this contract somehow obligates MHM to comply with the PREA.”
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