(a) The facility shall provide inmates with access to outside victim advocates for emotional support services related to sexual abuse by giving inmates mailing addresses and telephone numbers, including toll-free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organizations, and, for persons detained solely for civil immigration purposes, immigrant services agencies. The facility shall enable reasonable communication between inmates and these organizations and agencies, in as confidential a manner as possible.
(b) The facility shall inform inmates, prior to giving them access, of the extent to which such communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws.
(c) The agency shall maintain or attempt to enter into memoranda of understanding or other agreements with community service providers that are able to provide inmates with confidential emotional support services related to sexual abuse. The agency shall maintain copies of agreements or documentation showing attempts to enter into such agreements.
Notes of Decisions
Cited in
2
cases (
2 in the last 5 years), 2022–2023 · leading case:
(PC) Bailey v. Cox (E.D. Cal. 2023).
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
“” 28 CFR 115.53(a) & (b). Following an inmate report, “[t]he agency shall require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility,…”
(PC) Bailey v. Cox (E.D. Cal. 2023).
“19 The PREA includes a remedial structure which provides inmates access to confidential 20 support services, 28 C.F.R. § 115.53 , specifications for investigating allegations of sexual abuse 21 and reporting the findings to the reporting inmate, C.”
— 28 C.F.R. § 115.53(a) — 1 case
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
“” 28 CFR 115.53(a) & (b). Following an inmate report, “[t]he agency shall require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility,…”
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