Please note that Standards referenced throughout this FAQ often apply to multiple sets of PREA Standards. Along with different standard numbers, the different sets of standards use different terminology to refer to the population they house including “inmate,” “detainee,” and “resident.” When referencing a standard that applies equally to all facilities covered under PREA, the language in the question and answer will, unless specified, refer to the Adult Prisons & Jails standard numbers and use the term “inmate” to refer generally to the populations in those facilities. The FAQ search functionality uses the standard numbering from the Adult Prisons and Jails, regardless of the specific setting. When a standard is selected, the search will identify all FAQs related to that standard across all standard settings.
The “Expand All” link will reveal all FAQ search results. To print the results, use the "Print Selection" button, which expands all of them automatically in the printed document. If you want to see all unfiltered results, use the "Reset" button to remove previous selections.
Search DOJ FAQ
Standard 115.73 (c) requires that 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 related to sexual abuse within the facility. For purposes of this FAQ, what does the standard mean by “posted” in an inmate’s unit?
For the purposes of this FAQ, a “post” is considered an established work assignment within a facility that an employee may be given for an entire shift or part of a shift that may include a specific physical location(s) within the facility. These posts may be assigned, or selected at the beginning of each shift, or staff may bid on these posts as part of a collective bargaining agreement. Agencies should be mindful of the requirements of standard 115.66 (a) and its relatedness to this question. For example, Doe Correctional Facility requires two correctional officers to work on units A, B, and C on all shifts. Accordingly, each correctional officer that works those units is considered to be posted to those units. To comply with the standard that a staff member to be “no longer posted” on an inmate’s unit would mean that the staff shall not be assigned to a post on the living unit of the inmate.
Agencies and facilities should be mindful that not all “posts” may have one physical location but if the inmates’ living unit is a part of the post assignment, they should not be permitted to work that specific post. An example of this type of post would be a correctional officer who is considered a “floating” or “rover” officer who goes between units A and B, to assist other officers on those units.