§ 115.68 Post-allegation protective custody
Purpose of the Standard:
- To ensure that facilities do not automatically, or routinely involuntarily segregate inmates alleged to have suffered sexual abuse or restrict their access to programming or other available activities, recognizing that any form of involuntary segregation and restrictions to programming or other privileges can be experienced as punitive by inmates.
- To ensure that inmates at high risk for or who have alleged to have suffered sexual abuse are not placed in involuntary segregated housing unless no available alternative means of separation from likely abusers exists. The standard further intends that segregated inmates have access to programs, education, and work opportunities to the extent possible and requires facilities to document any limitations on these rights and periodically afford the inmate with a review to determine the continuing need for separation.
Note: There is no equivalent of Standard 115.68 that applies to community confinement facilities or lockups.
Prisons and Jails
Any use of segregated housing to protect an inmate who is alleged to have suffered sexual abuse shall be subject to the requirements of § 115.43.
Any use of segregated housing to protect a resident who is alleged to have suffered sexual abuse shall be subject to the requirements of § 115.342.