Through a cooperative agreement between BJA and Impact Justice

Screening for Risk of Sexual Victimization and Abusiveness - Issues - Use of screening information

Use of screening information

Standard 115.42/115.242/115.3423 requires agencies to use the screening information obtained during intake to inform housing, bed, work, education, and program assignments with the goal of separating inmates and residents at high risk of being sexually victimized from those at high risk of being sexually abusive. In deciding whether to assign a transgender or intersex individual to a facility for males or females, and in making other housing and programming assignments, the standard prohibits agencies from making those assignments based solely on genital status. Rather, the agency must consider on a case-by-case basis whether a placement would ensure the inmate’s/resident’s health and safety and whether the placement would present management or security problems, giving serious consideration to the inmate’s/resident’s own views regarding his or her own safety. In addition, the standard mandates that transgender and intersex inmates and residents be given the opportunity to shower separately from other inmates and residents. For more on this issue, please visit the PRC FAQ page.

For juvenile facilities, Standard 115.342 makes clear that residents may only be isolated from others as a last resort when less restrictive measures are inadequate to keep them and other residents safe. When isolation is used, the standard mandates that juveniles not be denied daily large-muscle exercise or any legally required educational programming or special education services. Facilities are also required to provide daily visits from a medical or mental health clinician and to provide access to other programs and work opportunities to the extent possible.

[3] This standard does not apply to lockups.