§ 115.43 Protective custody

Purpose of the Standard:

  • To ensure that facilities do not automatically or routinely involuntarily segregate inmates at high risk of sexual victimization or restrict their access to programming or other available activities based on their at-risk status.
  • To require facilities that use involuntary segregated housing only do so as a last resort until an alternative means of separation from likely abusers can be arranged; placing time limits on the use of segregation and requiring periodic reviews on the continued need for segregation helps ensure that inmates are not penalized because of their at-risk status.

Note: There is no equivalent of Standard 115.43 that applies to juvenile facilities, community confinement facilities, or lockups.

Prisons and Jails

(a) Inmates at high risk for sexual victimization shall not be placed in involuntary segregated housing unless an assessment of all available alternatives has been made, and a determination has been made that there is no available alternative means of separation from likely abusers. If a facility cannot conduct such an assessment immediately, the facility may hold the inmate in involuntary segregated housing for less than 24 hours while completing the assessment.

(b) Inmates placed in segregated housing for this purpose shall have access to programs, privileges, education, and work opportunities to the extent possible. If the facility restricts access to programs, privileges, education, or work opportunities, the facility shall document:

(1) The opportunities that have been limited;

(2) The duration of the limitation; and

(3) The reasons for such limitations.

(c) The facility shall assign such inmates to involuntary segregated housing only until an alternative means of separation from likely abusers can be arranged, and such an assignment shall not ordinarily exceed a period of 30 days.

(d) If an involuntary segregated housing assignment is made pursuant to paragraph (a) of this section, the facility shall clearly document:

(1) The basis for the facility’s concern for the inmate’s safety; and

(2) The reason why no alternative means of separation can be arranged.

(e) Every 30 days, the facility shall afford each such inmate a review to determine whether there is a continuing need for separation from the general population.