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. § 115.73

Reporting to inmates

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(a) Following an investigation into an inmate's allegation that he or she suffered sexual abuse in an agency facility, the agency shall inform the inmate as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded.

(b) If the agency did not conduct the investigation, it shall request the relevant information from the investigative agency in order to inform the inmate.

(c) Following an inmate's allegation that a staff member has committed sexual abuse against the inmate, the agency shall subsequently inform the inmate (unless the agency has determined that the allegation is unfounded) whenever:

(1) The staff member is no longer posted within the inmate's unit;

(2) The staff member is no longer employed at the facility;

(3) The agency learns that the staff member has been indicted on a charge related to sexual abuse within the facility; or

(4) The agency learns that the staff member has been convicted on a charge related to sexual abuse within the facility.

(d) Following an inmate's allegation that he or she has been sexually abused by another inmate, the agency shall subsequently inform the alleged victim whenever:

(1) The agency learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or

(2) The agency learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility.

(e) All such notifications or attempted notifications shall be documented.

(f) An agency's obligation to report under this standard shall terminate if the inmate is released from the agency's custody.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2026 · leading case: Rashan Mickens v. Sharon Clark.
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People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). “” 28 CFR 115.73(a). Substantiated allegations of conduct that appear to be criminal must be referred for prosecution.”
Rashan Mickens v. Sharon Clark (M.D. Penn. 2026). “At no point thereafter was Mickens informed of any investigation into his “claim,” and he asserts that this failure to notify him violated 28 C.F.R. § 115.73 (a), (e). See (id. at 6, 11–12).”
— 28 C.F.R. § 115.73(a) — 1 case
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). “” 28 CFR 115.73(a). Substantiated allegations of conduct that appear to be criminal must be referred for prosecution.”
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