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. § 115.64

Staff first responder duties

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(a) Upon learning of an allegation that an inmate was sexually abused, the first security staff member to respond to the report shall be required to:

(1) Separate the alleged victim and abuser;

(2) Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence;

(3) If the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and

(4) If the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating.

(b) If the first staff responder is not a security staff member, the responder shall be required to request that the alleged victim not take any actions that could destroy physical evidence, and then notify security staff.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2021 · leading case: United States v. State of New Jersey (D.N.J. 2021).
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United States v. State of New Jersey (D.N.J. 2021). “How to initiate appropriate first response to initial reports of recent allegations of sexual abuse, pursuant to 28 C.F.R. § 115.64 . h. Signs of threatened and actual sexual abuse; i.”
Colon v. Anglikowski (W.D. Pa. 2021). “But that regulation does not appear to require a separation, but instead concerns the initial duties of first responders to an incident of alleged sexual abuse: “Staff first responder duties—Upon learning of an allegation that an inmate was sexually abused, the first security…”
— 28 C.F.R. § 115.64(2)(1) — 1 case
Colon v. Anglikowski (W.D. Pa. 2021). “But that regulation does not appear to require a separation, but instead concerns the initial duties of first responders to an incident of alleged sexual abuse: “Staff first responder duties—Upon learning of an allegation that an inmate was sexually abused, the first security…”
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