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Standards

“The purpose of this regulatory action is to set standards to prevent, detect, and respond to sexual abuse in Department of Homeland Security (DHS) confinement facilities. Sexual violence, against any victim, is an assault on human dignity and an affront to American values” (p. 13100).

Provisions of these standards are broken down into parts covering “two distinct types of facilities: (1) Immigration detention facilities, which are overseen by ICE and used for longer-term detention of aliens in immigration proceedings or awaiting removal from the United States; and (2) holding facilities, which are used by ICE and U.S. Customs and Border Protection (CBP) for temporary administrative detention of individuals pending release from custody or transfer to a court, jail, prison, other agency or other unit of the facility or agency” (p. 13101).

Sections of this final rule include: abbreviations; executive summary; estimated costs and benefits; background to sexual assault during custody; and a detailed discussion of the Prison Rape Elimination Act (PREA). Standards comprising Part 115 of Title 6 of the U.S. Code of Federal Regulations (CFR) are: definitions; Subpart A—Standards for Immigration Detention Facilities—coverage, prevention planning, responsive planning, training and education, assessment for risk of sexual victimization and abusiveness, reporting, official response following a detainee report, investigations, discipline, medical and mental care, data collection and review, audits and compliance, and additional provision in agency policies; Subpart B—Standards for DHS Holding Facilities--containing the same paragraph designations but with regulations applicable to DHS holding facilities; and Subpart C—External Auditing and Corrective Action—scope of audits, auditor qualifications, audit contents and findings, audit corrective action plan, and audit appeals.

6 CFR Part 115: Standards To Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities; Final Rule Cover

This is a great example of standards governing the accreditation of pretrial agencies. These standards are organized into the following chapters: personnel practices; organizational and management; general principles governing the pretrial process; first appearance; release conditions; and electronic monitoring. “Each standard is composed of the standard statement and at least one compliance key. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements on the agency. Many statements require the development and implementation of written directives that articulate the agency’s policies, procedures, rules, and regulations. Other standards require an activity, a report, an inspection, equipment, or other action” (p. 13).

Accreditation Standards for Pretrial Agencies Standards Manual Version 1.0.10 Cover

These standards were developed to "articulate a set of principles to guide agencies and jurisdictions in the development of local policy and practice. These best practices are relevant across a variety of settings including criminal justice, juvenile justice, psychiatric and forensic hospitals, law enforcement transport, and others. This document refers and applies to both women (age 18 years and older) and girls (younger than age 18) who are pregnant, laboring and delivering, or in the post-partum period" (p. 1). Sections contained in this publication include: background; definitions; context and need; key principles; recommendations for operational practices; rationale—legal considerations, gender responsiveness, trauma-informed policy and practice, and human rights; and conclusion. Appendixes cover: supporting documents; and "The Legal Lens".

Best Practices in the Use of Restraints with Pregnant Women Under Correctional Custody Cover

"This standard specifies the minimum requirements for form and fit, performance, testing, documentation and labeling of restraints intended to be used by criminal justice personnel to restrain subjects. This standard addresses only wrist to wrist and ankle to ankle restraints. This standard does not specify requirements for aftermarket keys or any accessories. All testing required in this standard shall be performed with no accessories attached. This standard does not address any restraint constructed of natural/nonsynthetic materials (e.g., leather, natural rubber, cotton). "(p. 1).

Criminal Justice Restraints Standard NIJ Standard 1001.00 Cover

“The purpose of this guide is to give information that will help states and state jail-related organizations to develop or update jail standards and inspection programs" (p. v). This publication contains the following sections: introduction; role and purpose of jail standards; jail standards and liability; key elements of jail standards and inspection programs; strategies for developing and implementing jail standards programs; technical assistance and resources available from the National Institute of Corrections; topics of litigation; summary of state standards and inspection programs; profiles of three organizational models of standards programs; example of a group charter for a jail standards planning committee; excerpted sections of enabling legislation for Nebraska Jail Standards; and Competency Profile of a Detention Facility Inspector.

Jail Standards and Inspection Programs:  Resource and Implementation Guide Cover

"The [Annie E. Casey] Foundation has issued this revised version of the [Juvenile Detention Alternatives Initiative (JDAI)] standards to acknowledge and incorporate regulations that affect the full range of facility operations. This includes the U.S. Department of Justice regulations for the prevention, detection and response to sexual misconduct in juvenile facilities as part of its implementation of the Prison Rape Elimination Act." Five sections are contained in this guide: introduction; about the revised JDAI Detention Facility Assessment Standards; guidelines to conducting a facility assessment; facility assessment "How To" tools which provide practical recommendations for reviewing written documents and other materials, observing, and interviewing youth and staff at the facility according to each section of the standards; and JDAI Detention Facility Assessment Standards (Revised June 2014)—classification and intake, health and mental health care, access, programming, training and supervision, environment, restraints/room confinement/due process and grievances, safety, and glossary.

Juvenile Detention Facility Assessment: 2014 Update Cover

This Standard is divided into these sections: Prevention Planning, Responsive Planning, Training and Education, Screening for Risk of Sexual Victimization and Abusiveness, Reporting, Official Response Following a Resident Report, Investigations, Discipline, Medical and Mental Care, Data Collection and Review, Audits, Auditing and Corrective Action, and State Compliance. [28 C.F.R. Part 115].

This document is meant to assist agencies and facilities in their PREA compliance efforts. The standards listed below are examples of juvenile PREA standards that explicitly require documentation of agency or facility activities through policy or other forms of documentation; agencies and facilities may find it beneficial to also document activities that are not listed below to demonstrate compliance (p. 1).

The application of the “National Standards for the Care of Youth Charged with Status Offenses” (NIC accession no. 027712) is stressed. “The National Standards specifically call for all (LGBTQ) [Lesbian, Gay, Bisexual. Transgender, and Questioning] youth to “receive fair treatment, equal access to services, and respect and sensitivity from all professionals and other youth in court, agency, service, school and placement’” (p. 1).

LGBTQ Youth Cover

“A status offender is a juvenile charged with or adjudicated for conduct that would not, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult. The most common examples of status offenses are chronic or persistent truancy, running away, violating curfew laws, or possessing alcohol or tobacco. The National Standards aim to promote best practices for this population, based in research and social service approaches, to better engage and support youth and families in need of assistance. Given what we know, the National Standards call for an absolute prohibition on detention of status offenders and seek to divert them entirely from the delinquency system by promoting the most appropriate services for families and the least restrictive placement options for status offending youth.” This document contains the following five sections, each with its own specific standards describing key principles and practices: Section 1: Principles for Responding to Status Offenses (12 standards); Section 2: Efforts to Avoid Court Involvement (7 standards); Section 3: Efforts to Limit Court Involvement (12 standards); Section 4: Recommendations for Policy and Legislative Implementation (12 standards); and Section 5: Definitions.

National Standards Cover

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