Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 28 - Judicial Administration |
Chapter I - Department of Justice |
Part 115 - Prison Rape Elimination Act National Standards |
§ 115.5 - General definitions. |
§ 115.6 - Definitions related to sexual abuse. |
Subpart A - Standards for Adult Prisons and Jails |
Data Collection and Review |
§ 115.86 - Sexual abuse incident reviews. |
§ 115.87 - Data collection. |
§ 115.88 - Data review for corrective action. |
§ 115.89 - Data storage, publication, and destruction. |
Discipline |
§ 115.76 - Disciplinary sanctions for staff. |
§ 115.77 - Corrective action for contractors and volunteers. |
§ 115.78 - Disciplinary sanctions for inmates. |
Medical and Mental Care |
§ 115.81 - Medical and mental health screenings; history of sexual abuse. |
§ 115.82 - Access to emergency medical and mental health services. |
§ 115.83 - Ongoing medical and mental health care for sexual abuse victims and abusers. |
Official Response Following an Inmate Report |
§ 115.61 - Staff and agency reporting duties. |
§ 115.62 - Agency protection duties. |
§ 115.63 - Reporting to other confinement facilities. |
§ 115.64 - Staff first responder duties. |
§ 115.65 - Coordinated response. |
§ 115.66 - Preservation of ability to protect inmates from contact with abusers. |
§ 115.67 - Agency protection against retaliation. |
§ 115.68 - Post-allegation protective custody. |
Screening for Risk of Sexual Victimization and Abusiveness |
§ 115.41 - Screening for risk of victimization and abusiveness. |
§ 115.42 - Use of screening information. |
§ 115.43 - Protective custody. |
Responsive Planning |
§ 115.21 - Evidence protocol and forensic medical examinations. |
§ 115.22 - Policies to ensure referrals of allegations for investigations. |
Investigations |
§ 115.71 - Criminal and administrative agency investigations. |
§ 115.72 - Evidentiary standard for administrative investigations. |
§ 115.73 - Reporting to inmates. |
Audits |
§ 115.93 - Audits of standards. |
Reporting |
§ 115.51 - Inmate reporting. |
§ 115.52 - Exhaustion of administrative remedies. |
§ 115.53 - Inmate access to outside confidential support services. |
§ 115.54 - Third-party reporting. |
Prevention Planning |
§ 115.11 - Zero tolerance of sexual abuse and sexual harassment; PREA coordinator. |
§ 115.12 - Contracting with other entities for the confinement of inmates. |
§ 115.13 - Supervision and monitoring. |
§ 115.14 - Youthful inmates. |
§ 115.15 - Limits to cross-gender viewing and searches. |
§ 115.16 - Inmates with disabilities and inmates who are limited English proficient. |
§ 115.17 - Hiring and promotion decisions. |
§ 115.18 - Upgrades to facilities and technologies. |
Training and Education |
§ 115.31 - Employee training. |
§ 115.32 - Volunteer and contractor training. |
§ 115.33 - Inmate education. |
§ 115.34 - Specialized training: Investigations. |
§ 115.35 - Specialized training: Medical and mental health care. |
Subpart B - Standards for Lockups |
Reporting |
§ 115.151 - Detainee reporting. |
§ 115.154 - Third-party reporting. |
§§ 115.152--115.53 - [Reserved] |
§§ 115.152--115.153 - [Reserved] |
Audits |
§ 115.193 - Audits of standards. |
Official Response Following a Detainee Report |
§ 115.161 - Staff and agency reporting duties. |
§ 115.162 - Agency protection duties. |
§ 115.163 - Reporting to other confinement facilities. |
§ 115.164 - Staff first responder duties. |
§ 115.165 - Coordinated response. |
§ 115.166 - Preservation of ability to protect detainees from contact with abusers. |
§ 115.167 - Agency protection against retaliation. |
§ 115.168 - [Reserved] |
Medical and Mental Care |
§ 115.181 - [Reserved] |
§ 115.182 - Access to emergency medical services. |
§ 115.183 - [Reserved] |
Training and Education |
§ 115.131 - Employee and volunteer training. |
§ 115.132 - Detainee, contractor, and inmate worker notification of the agency's zero-tolerance policy. |
§ 115.133 - [Reserved] |
§ 115.134 - Specialized training: Investigations. |
§ 115.135 - [Reserved] |
Discipline |
§ 115.176 - Disciplinary sanctions for staff. |
§ 115.177 - Corrective action for contractors and volunteers. |
§ 115.178 - Referrals for prosecution for detainee-on-detainee sexual abuse. |
Investigations |
§ 115.171 - Criminal and administrative agency investigations. |
§ 115.172 - Evidentiary standard for administrative investigations. |
§ 115.173 - [Reserved] |
Responsive Planning |
§ 115.121 - Evidence protocol and forensic medical examinations. |
§ 115.122 - Policies to ensure referrals of allegations for investigations. |
Prevention Planning |
§ 115.111 - Zero tolerance of sexual abuse and sexual harassment; PREA coordinator. |
§ 115.112 - Contracting with other entities for the confinement of detainees. |
§ 115.113 - Supervision and monitoring. |
§ 115.114 - Juveniles and youthful detainees. |
§ 115.115 - Limits to cross-gender viewing and searches. |
§ 115.116 - Detainees with disabilities and detainees who are limited English proficient. |
§ 115.117 - Hiring and promotion decisions. |
§ 115.118 - Upgrades to facilities and technologies. |
Screening for Risk of Sexual Victimization and Abusiveness |
§ 115.141 - Screening for risk of victimization and abusiveness. |
§§ 115.142--115.43 - [Reserved] |
§§ 115.142--115.143 - [Reserved] |
Data Collection and Review |
§ 115.186 - Sexual abuse incident reviews. |
§ 115.187 - Data collection. |
§ 115.188 - Data review for corrective action. |
§ 115.189 - Data storage, publication, and destruction. |
Subpart C - Standards for Community Confinement Facilities |
Medical and Mental Care |
§ 115.281 - [Reserved] |
§ 115.282 - Access to emergency medical and mental health services. |
§ 115.283 - Ongoing medical and mental health care for sexual abuse victims and abusers. |
Official Response Following a Resident Report |
§ 115.261 - Staff and agency reporting duties. |
§ 115.262 - Agency protection duties. |
§ 115.263 - Reporting to other confinement facilities. |
§ 115.264 - Staff first responder duties. |
§ 115.265 - Coordinated response. |
§ 115.266 - Preservation of ability to protect residents from contact with abusers |
§ 115.267 - Agency protection against retaliation. |
§ 115.268 - [Reserved] |
Training and Education |
§ 115.231 - Employee training. |
§ 115.232 - Volunteer and contractor training. |
§ 115.233 - Resident education. |
§ 115.234 - Specialized training: Investigations. |
§ 115.235 - Specialized training: Medical and mental health care. |
Screening for Risk of Sexual Victimization and Abusiveness |
§ 115.241 - Screening for risk of victimization and abusiveness. |
§ 115.242 - Use of screening information. |
§ 115.243 - [Reserved] |
Reporting |
§ 115.251 - Resident reporting. |
§ 115.252 - Exhaustion of administrative remedies. |
§ 115.253 - Resident access to outside confidential support services. |
§ 115.254 - Third-party reporting. |
Prevention Planning |
§ 115.211 - Zero tolerance of sexual abuse and sexual harassment; PREA coordinator. |
§ 115.212 - Contracting with other entities for the confinement of residents. |
§ 115.213 - Supervision and monitoring. |
§ 115.214 - [Reserved] |
§ 115.215 - Limits to cross-gender viewing and searches. |
§ 115.216 - Residents with disabilities and residents who are limited English proficient. |
§ 115.217 - Hiring and promotion decisions. |
§ 115.218 - Upgrades to facilities and technologies. |
Discipline |
§ 115.276 - Disciplinary sanctions for staff. |
§ 115.277 - Corrective action for contractors and volunteers. |
§ 115.278 - Disciplinary sanctions for residents. |
Audits |
§ 115.293 - Audits of standards. |
Data Collection and Review |
§ 115.286 - Sexual abuse incident reviews. |
§ 115.287 - Data collection. |
§ 115.288 - Data review for corrective action. |
§ 115.289 - Data storage, publication, and destruction. |
Investigations |
§ 115.271 - Criminal and administrative agency investigations. |
§ 115.272 - Evidentiary standard for administrative investigations. |
§ 115.273 - Reporting to residents. |
Responsive Planning |
§ 115.221 - Evidence protocol and forensic medical examinations. |
§ 115.222 - Policies to ensure referrals of allegations for investigations. |
Subpart D - Standards for Juvenile Facilities |
Official Response Following a Resident Report |
§ 115.361 - Staff and agency reporting duties. |
§ 115.362 - Agency protection duties. |
§ 115.363 - Reporting to other confinement facilities. |
§ 115.364 - Staff first responder duties. |
§ 115.365 - Coordinated response. |
§ 115.366 - Preservation of ability to protect residents from contact with abusers. |
§ 115.367 - Agency protection against retaliation. |
§ 115.368 - Post-allegation protective custody. |
Audits |
§ 115.393 - Audits of standards. |
Screening for Risk of Sexual Victimization and Abusiveness |
§ 115.341 - Obtaining information from residents. |
§ 115.342 - Placement of residents in housing, bed, program, education, and work assignments. |
§ 115.343 - [Reserved] |
Medical and Mental Care |
§ 115.381 - Medical and mental health screenings; history of sexual abuse. |
§ 115.382 - Access to emergency medical and mental health services. |
§ 115.383 - Ongoing medical and mental health care for sexual abuse victims and abusers. |
Data Collection and Review |
§ 115.386 - Sexual abuse incident reviews. |
§ 115.387 - Data collection. |
§ 115.388 - Data review for corrective action. |
§ 115.389 - Data storage, publication, and destruction. |
Discipline |
§ 115.376 - Disciplinary sanctions for staff. |
§ 115.377 - Corrective action for contractors and volunteers. |
§ 115.378 - Interventions and disciplinary sanctions for residents. |
Training and Education |
§ 115.331 - Employee training. |
§ 115.332 - Volunteer and contractor training. |
§ 115.333 - Resident education. |
§ 115.334 - Specialized training: Investigations. |
§ 115.335 - Specialized training: Medical and mental health care. |
Investigations |
§ 115.371 - Criminal and administrative agency investigations. |
§ 115.372 - Evidentiary standard for administrative investigations. |
§ 115.373 - Reporting to residents. |
Reporting |
§ 115.351 - Resident reporting. |
§ 115.352 - Exhaustion of administrative remedies. |
§ 115.353 - Resident access to outside support services and legal representation. |
§ 115.354 - Third-party reporting. |
Prevention Planning |
§ 115.311 - Zero tolerance of sexual abuse and sexual harassment; PREA coordinator. |
§ 115.312 - Contracting with other entities for the confinement of residents. |
§ 115.313 - Supervision and monitoring. |
§ 115.314 - [Reserved] |
§ 115.315 - Limits to cross-gender viewing and searches. |
§ 115.316 - Residents with disabilities and residents who are limited English proficient. |
§ 115.317 - Hiring and promotion decisions. |
§ 115.318 - Upgrades to facilities and technologies. |
Responsive Planning |
§ 115.321 - Evidence protocol and forensic medical examinations. |
§ 115.322 - Policies to ensure referrals of allegations for investigations. |
Subpart E - Auditing and Corrective Action |
§ 115.401 - Frequency and scope of audits. |
§ 115.402 - Auditor qualifications. |
§ 115.403 - Audit contents and findings. |
§ 115.404 - Audit corrective action plan. |
§ 115.405 - Audit appeals. |
Subpart F - State Compliance |
§ 115.501 - State determination and certification of full compliance. |