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. § 115.71

Criminal and administrative agency investigations

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(a) When the agency conducts its own investigations into allegations of sexual abuse and sexual harassment, it shall do so promptly, thoroughly, and objectively for all allegations, including third-party and anonymous reports.

(b) Where sexual abuse is alleged, the agency shall use investigators who have received special training in sexual abuse investigations pursuant to § 115.34.

(c) Investigators shall gather and preserve direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data; shall interview alleged victims, suspected perpetrators, and witnesses; and shall review prior complaints and reports of sexual abuse involving the suspected perpetrator.

(d) When the quality of evidence appears to support criminal prosecution, the agency shall conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution.

(e) The credibility of an alleged victim, suspect, or witness shall be assessed on an individual basis and shall not be determined by the person's status as inmate or staff. No agency shall require an inmate who alleges sexual abuse to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an allegation.

(f) Administrative investigations:

(1) Shall include an effort to determine whether staff actions or failures to act contributed to the abuse; and

(2) Shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings.

(g) Criminal investigations shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible.

(h) Substantiated allegations of conduct that appears to be criminal shall be referred for prosecution.

(i) The agency shall retain all written reports referenced in paragraphs (f) and (g) of this section for as long as the alleged abuser is incarcerated or employed by the agency, plus five years.

(j) The departure of the alleged abuser or victim from the employment or control of the facility or agency shall not provide a basis for terminating an investigation.

(k) Any State entity or Department of Justice component that conducts such investigations shall do so pursuant to the above requirements.

(l) When outside agencies investigate sexual abuse, the facility shall cooperate with outside investigators and shall endeavor to remain informed about the progress of the investigation.

Notes of Decisions
Cited in 7 cases (6 in the last 5 years), 2020–2025 · leading case: L. C. v. United States, 83 F.4th 534 (6th Cir. 2023).
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L. C. v. United States, 83 F.4th 534 (6th Cir. 2023). · cites it 3× “71(a); 28 C.F.R. § 115.71 (a). The Program Statement also provides a specific reporting chain to be used when “a staff member is alleged to have perpetrated sexually abusive behavior against an inmate” mandating that “the Warden [be] notified immediately,” who in turn “notifies…”
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). “28 CFR 115.71(h). Relevant to defendant’s situation, the PREA regulations address “”[d]isciplinary sanctions for inmates,” 28 CFR 115.”
Carr v. Bartlett (D. Idaho 2024). “Defendants also point out that PREA “requires that IDOC cooperate with outside investigators and endeavor to remain informed about the progress of the investigation,” 28 C.F.R. § 115.71 , and that “IDOC is also required to conduct sexual abuse incident reviews at the conclusion…”
Shorter v. United States of Am. (D.N.J. 2020). “Violations of “agency sexual abuse or sexual harassment policies” include violations of investigation standards found at 28 C.F.R. § 115.71 - 115.73, as well as violations of PREA-derived policies on investigations.”
United States v. State of New Jersey (D.N.J. 2021). “The credibility of an alleged victim, suspect, or witness shall be assessed on an individual basis and shall not be determined by the person’s status as prisoner or staff, consistent with 28 C.F.R § 115.71. 81. Within 90 days after an allegation of sexual abuse or sexual…”
Taylor v. Purdom (E.D. Mich. 2025). “See 28 C.F.R. §§ 115.71 , 115.72, 115.73. 3 Plaintiff “verbalized suicidal ideations to custody staff and was placed” on suicide watch on October 1, 2021.”
Henry v. Mihm (E.D. Mich. 2025). “63 (d); 28 C.F.R. § 115.71 (a)(c); see also ECF No.”
— 28 C.F.R. § 115.71(h) — 1 case
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). “28 CFR 115.71(h). Relevant to defendant’s situation, the PREA regulations address “”[d]isciplinary sanctions for inmates,” 28 CFR 115.”
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