Q.

When does the obligation under standard 115.283(g) to provide ongoing treatment to a victim of sexual abuse in confinement at no cost to the victim end? Specifically, if a resident of a community confinement facility reports having been sexually abused while in confinement (prison, jail, or in the community confinement facility itself) and requires ongoing medical or mental health care, does the obligation to provide it at no cost to the victim extend beyond the victim’s residence in a community confinement facility? And do the same guidelines apply to prisons and jails under standard 115.83 and juvenile facilities under standard 115.383?

A.

The financial obligation of the community confinement agency/facility to provide ongoing treatment to a victim of sexual abuse in confinement ends with the release of the resident from the facility, even if that victim is still under post-release supervision (i.e., probation or parole). The same guideline applies to prisons and jails under standard 115.83 and juvenile facilities under standard 115.383. That is, the financial obligation of a prison, jail, or juvenile facility to provide ongoing treatment to a victim of sexual abuse in confinement ends with the release of the inmate or resident from the facility.

At a minimum, agencies/facilities must provide, as appropriate, treatment plans and, when necessary, referrals for continued care to sexual abuse victims upon their release from custody, including, but not limited to, mental health treatment plans and mental health practitioner referrals. Agencies/facilities are encouraged to provide sexual abuse victims released from custody with additional referrals to community-based services, including, but not limited to, local victim assistance and compensation programs and health insurance advocates who can assist sexual abuse victims with obtaining Medicaid or other forms of health insurance.

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