May 9, 2017
Q.

Facility-to-facility notifications of an allegation of abuse that occurred at an inmate’s prior facility pursuant to Standard 115.63(a) must be made to “the head of the facility or appropriate office of the agency where the alleged abuse occurred.” What constitutes “an appropriate office at the agency?”

A.

Standard 115.63(a) does not define what an “appropriate office” would be in this context. The intent of the standard is to urge facility heads to send the notification to an individual or office that will ensure the prior facility takes immediate steps to investigate the allegation appropriately and promptly. While the Department declines to provide an exhaustive list of individuals and offices that may be appropriate recipients of the allegation, notifications made to the facility head, the facility’s PREA Compliance Manager, the agency’s PREA Coordinator, and the Office of the Agency Head would be presumptively valid recipients.

For more information about Standard 115.63(a) and who must make the notification of an incident of sexual abuse that took place at a prior facility, please click here.

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