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.
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When must confinement facilities offer pregnancy tests to victims of sexually abusive vaginal penetration while incarcerated?
PREA Standard 115.83(d) provides that inmate victims of sexually abusive vaginal penetration while incarcerated shall be offered pregnancy tests. PREA Standard 115.83(e) provides that victims who are pregnant as a result of such penetration shall receive timely information about, and access to, all lawful pregnancy-related medical services. In order for facilities to provide timely information and access to services, they must also provide timely testing. Timely testing shall be consistent with the community level of care, as described in PREA Standard 115.83(c).
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?
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.