Sections 115.14, 115.114, 115.214, and 115.314 (compare to the Commission’s PP–4 standard) address
the limits on cross-gender searches.
For the most part, juvenile facilities already have or should be able to comply with the restriction on cross-gender searches, including cross-gender pat-down searches. However, regardless of our best efforts cross-gender pat-downs are necessary given exigent circumstances. As long as the standard recognizes these circumstances, juvenile facilities should be able to manage these incidents by requiring documentation following a cross-gender search and requiring the documentation provide justification supporting the search.
Having said that, some juvenile facilities may have an issue with their current gender staffing ratios which may make it difficult for them to immediately comply with this standard. As such, they should be permitted a time-frame to comply in order to avoid any of the equal employment opportunity issues recognized in the summary report.
Comment on FR Doc # 2011-01905
This is comment on Proposed Rule
National Standards to Prevent, Detect, and Respond to Prison Rape
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