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If prior objective risk screenings under PREA Standard 41 (or other information known to an agency) indicate that an inmate has previously experienced sexual victimization, how should screening staff approach the issue during subsequent screenings and rea

July 20, 2018

If prior objective risk screenings under PREA Standard 115.41 (or other information known to an agency) indicate that an inmate has previously experienced sexual victimization, how should screening staff approach the issue during subsequent screenings and reassessments, so as to be sensitive to the potential for retraumatizing the inmate?

PREA Standard 115.41 requires facilities to screen inmates for risk of sexual victimization or sexual predation during intake at a facility and upon transfer to another facility. Risk screening reassessments are required within “a set time period, not to exceed 30 days from the inmate’s arrival at the facility,” and when warranted due to certain events listed in the Standard. One of the factors that must be taken into consideration during risk determinations is “[w]hether the inmate has previously experienced sexual victimization.” See PREA Standard 115.41(d)(8).

While facilities are required to consider prior sexual victimization during each risk screening, the Standards do not specify any particular manner in which to make such an inquiry, nor do they require that the question be posed in the same manner every time. If an inmate has already reported a history of prior sexual victimization during a previous risk screening by the agency or facility, screening staff could ask during subsequent screenings if the inmate has “previously experienced sexual victimization” that he or she has not already reported to the confining agency or facility. Screening staff must include sexual victimization reported during prior risk screenings, as well as any previously undisclosed sexual victimization, in the risk screening tool.   

This process avoids requiring an inmate to repeatedly report the details of a traumatic event, while: (1) providing the inmate an opportunity to disclose an incident of victimization that occurred after the prior risk screening; and (2) providing the inmate an opportunity to disclose an incident that the inmate did not feel comfortable reporting during prior risk screenings.

Screening
115.41