ICE/DRO DETENTION STANDARD

SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION

# PURPOSE AND SCOPE.  This Detention Standard requires that facilities that house ICE/DRO detainees affirmatively act to prevent sexual abuse and assaults on detainees, provide prompt and effective intervention and treatment for victims of sexual abuse and assault, and control, discipline, and prosecute the perpetrators of sexual abuse and assault.

It applies to the following types of facilities housing DRO detainees:

-   Service Processing Centers (SPCs);

-   Contract Detention Facilities (CDFs); and

-   State or local government facilities used by DRO through
    Intergovernmental Service Agreements (IGSAs) to hold detainees for
    more than 72 hours.

***Procedures in italics are specifically required for SPCs and
CDFs***.  IGSAs must conform to these procedures or adopt, adapt or
establish alternatives, provided they meet or exceed the intent
represented by these procedures.

Some terms used in this document may be defined in the separate
**Definitions** Standard.

# EXPECTED OUTCOMES.  The expected outcomes of this Detention Standard are:

1.  Sexual abuse and assault of detainees will be prevented.

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1.  Detainees will be informed about the facility's sexual abuse or
    assault prevention and intervention program.

2.  Detainees will be screened to identify those likely to be sexual
    aggressors or sexual victims and will be housed to prevent sexual
    abuse or assault. Detainees who are considered likely to become
    victims will be placed in the least restrictive housing that is
    available and appropriate.

3.  All allegations of sexual abuse or assault will be promptly and
    effectively reported and investigated. Detainees will not be
    punished for truthfully reporting abuse or signs of abuse observed.

4.  If sexual abuse or assault of any detainee occurs, the medical,
    psychological, safety, and social needs of the victim will be
    promptly and effectively met.

5.  Where possible and feasible, a victim of sexual assault will be
    referred under appropriate security provisions to a specialized
    community facility for treatment and gathering of evidence.

6.  Assailants will be confined and disciplined and may be subject to
    criminal prosecution.

7.  Sexual conduct between detainees, staff, volunteers, or contract
    personnel, regardless of consensual status, is prohibited and
    subject to administrative, disciplinary, and criminal sanctions.

8.  All case records associated with claims of sexual abuse, including
    incident reports, investigative reports, offender information, case
    disposition, medical and counseling evaluation findings, and
    recommendations for post-release treatment and/or counseling will be
    retained in accordance with an established schedule.

9.  For monitoring, evaluating, and assessing the effectiveness of the
    sexual abuse and assault prevention and intervention program,
    incidents of sexual abuse and assault will be specifically
    documented and tracked as specified in this Detention Standard (in
    addition to standard facility operational and disciplinary
    documentation of any assault).

10. The applicable content and procedures in this Standard will be
    communicated to the detainee in a language or manner which the
    detainee can understand.

# DIRECTIVES AFFECTED

This Detention Standard incorporates the requirements for posting and
distributing information to ICE detainees in a memorandum entitled
Sexual Assault Awareness Information" from the Acting Director, Office
of Detention and Removal Operations (10/26/2006).  The information for
detainees was provided in both poster and pamphlet format (see Appendix
C).

# REFERENCES

> 4-ALDF-4D-22, 4D-22-1, 4D-22-2, 4D-22-3, 4D-22-4. 4D-22-5, 4D-22-6,
> 4D-22-7, 4D-22-8, 2A-29.
>
> ICE/DRO Detention Standard on the detainee **Disciplinary System**.
>
> ICE/DRO Detention Standard on **Medical Care**, particularly in regard
> to confidentiality of records.
>
> ICE/DRO Detention Standard on **Detention Files**, particularly in
> regard to confidentiality of records and electronic records systems.

# EXPECTED PRACTICES

## Background

> The Prison Rape Elimination Act of 2003 (PREA) sets a zero tolerance
> standard regarding rape and sexual assault in "any confinement
> facility of a Federal, state, or local government, whether
> administered by such government or by a private organization.
>
> Research indicates that a small percentage of individuals express
> aggression and seek to dominate others through violent sexual
> behavior.  Forceful and pressured sexual interactions are among the
> most serious threats to detainee safety and facility security and good
> order.  Victims suffer physical and psychological harm and could be
> infected with a life-threatening disease.
>
> Not only does ICE/DRO expect all facilities to affirmatively act to
> prevent sexual abuse and assaults on ICE/DRO detainees, but it also
> takes any allegations of sexual misconduct and assault against ICE/DRO
> detainees in any facility very seriously.  Every allegation is
> reviewed, and, where warranted, referred for criminal prosecution
> consistent with a zero-tolerance standard.

## Written Policy and Procedures Required

Each facility administrator shall have written policy and procedures for
a Sexual Abuse and Assault Prevention and Intervention Program that
includes, at a minimum:

1.  Measures taken to prevent sexual abuse and sexual assault,

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11. Measures taken for prompt and effective intervention to address the
    safety and treatment needs of detainee victims if an assault occurs,
    and

12. Investigation of incidents of sexual assault, and discipline and
    prosecution of assailants.

Each facility must have a policy and procedure for required reporting
through the chain-of-command from the reporting official to the highest
facility official as well as the ICE Field Office Director. The entire
spectrum of crisis intervention, counseling, investigation, and
prosecution of sexual abuse or assault victims has become a specialty in
itself, and each facility administrator should always consider what
resources and services are available within the local community that
could provide valuable expertise and support.

> **Appendix B** offers sample protocols as guidelines for the
> development of written policies and procedures.  Some procedures may
> not be applicable or feasible for implementation at a particular
> facility, but to the extent possible, they should be incorporated as
> part of a successful program.

The facility administrator of each SPC and CDF shall ensure that, within
90 days of the effective date of this Detention Standard, written policy
and procedures are in place and that the facility is in full compliance
with its requirements and guidelines.

Each facility's policy and procedures shall reflect the unique
characteristics of each facility, based on factors such as the
availability of specialized community-based services, including rape
crisis/trauma units in local medical centers, clinics, and hospitals.

> *The facility administrator shall submit the local policy and
> procedures document to the respective Field Office Director for review
> and approval.  Field Office Directors shall ensure that each
> facility:*

-   *Specifies procedures for offering immediate protection, including
    prevention of retaliation, and medical and mental health referral,
    to any detainee who alleges that he or she has been sexually
    assaulted;*

-   *Specifies procedures for reporting an allegation or suspicion of
    sexual assault up the chain of command, including written
    documentation requirements to ensure each allegation or suspicion is
    properly reported and addressed;*

-   *Specifies local response procedures (including referral procedures
    to appropriate law enforcement agencies) when a sexual assault is
    alleged or suspected;*

-   *Establishes procedures to include outside agencies in sexual abuse
    or assault prevention and intervention programs, if such resources
    are available;*

-   *Designates specific staff (psychologist, deputy facility
    administrator, appropriate medical staff, etc.) to be responsible
    for staff training activities;*

-   *Specifies medical staff's responsibility to report allegations or
    suspicions of sexual assault to facility staff for appropriate
    reporting and intervention.*

-   *Specifies how the future safety needs of a victim will be
    protected;*

-   *Specifies the senior manager responsible for insuring that staff is
    appropriately trained and respond in a coordinated fashion when a
    detainee reports an incident of sexual abuse or assault;*

-   *Designates a specific staff member to be responsible for detainee
    education regarding issues pertaining to sexual assault; and*

-   *Specifies how medical staff will be trained or certified in
    procedures for examining and treating victims of sexual assault in
    facilities where medical staff will be assigned these activities.*

## Program Coordinator

> *In SPCs and CDFs, the facility administrator shall designate a Sexual
> Abuse and Assault Prevention and Intervention Program Coordinator to:*

-   *Assist in the development of the written policies and procedures
    for the Sexual Abuse and Assault Prevention and Intervention
    Program.  The Program Coordinator shall also be responsible for
    keeping them current.*

-   *Assist with the development of initial and ongoing training
    protocols.*

-   *Serve as a liaison with other agencies.*

-   *Coordinate the gathering of statistics and reports on incidents of
    sexual abuse or assault, as detailed below in the section on
    **Tracking Incidents of Sexual Abuse and Assault**.*

-   *Reviewing facility practices to ensure the required levels of
    confidentiality are maintained.*

## Definitions.  For the purposes of this Detention Standard, the following definitions apply:

### Detainee-on-detainee sexual abuse or assault

One or more detainees engaging in a sexual act, including contact
between the penis and the vulva or the penis and the anus, and for
purposes of this subparagraph, contact involving the penis occurs upon
penetration, however slight; contact between the mouth and the penis,
the mouth and the vulva, or the mouth and the anus; or the penetration,
however slight, of the anal or genital opening of another by a hand or
finger or by any object, with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any person ; or the
use of threats, intimidation, inappropriate touching, or other actions
and or communications by one or more detainees aimed at coercing and or
pressuring another detainee to engage in a sexual act.

Specifically, detainees may be charged with Prohibited Acts detailed in
the Detention Standard on the **Disciplinary System**:

Code 101       Sexual Assault

Code 206       Engaging in a Sex Act

Code 207       Making a Sexual Proposal

Code 300       Indecent Exposure

Code 404       Using Abusive or Obscene Language

### Staff-on-detainee sexual abuse or assault

One or more staff member, volunteer or contract personnel engaging in,
or attempting to engage in a sexual act with any detainee, or the
intentional touching of an detainee's genitalia, anus, groin, breast,
inner thigh, or buttocks with the intent to abuse, humiliate, harass,
degrade, arouse, or gratify the sexual desire of any person.

## Sexual Conduct between Detainees and Staff, Volunteers, or Contract Personnel Prohibited

> Sexual conduct between detainees and staff, volunteers, or contract
> personnel, **regardless of consensual status**, is prohibited and
> subject to administrative, disciplinary and criminal sanctions.

## Staff Training

Training on the facility's Sexual Abuse and Assault Prevention and
Intervention Program shall be included in training for employees,
volunteers, and contract personnel and shall also be included in annual
refresher training thereafter.

Training shall include:

-   Definitions and examples of prohibited and illegal behavior;

-   Agency prohibitions on retaliation against detainees and staff who
    report sexual abuse;

-   An understanding that sexual abuse or assault is never an acceptable
    consequence of detention;

-   Recognition of situations where sexual abuse or assault may occur;

-   Recognition of the physical, behavioral, and emotional signs of
    sexual abuse or assault and ways to prevent such occurrences;

-   The investigation process and how to ensure that evidence is not
    destroyed;

-   Prevention, recognition, and appropriate response to allegations or
    suspicions of sexual assault involving detainees with mental or
    physical disabilities;

-   Understanding of how to report knowledge or suspicion of sexual
    abuse or assault and make intervention referrals to the facility's
    program.

-   Understanding of documentation and referral procedures of all
    allegations or suspicion of sexual assault

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-   **Appendix A** lists resources available from the National Institute
    of Corrections that may be useful in developing a training program
    and/or for direct use in training, including a copy of the PREA, two
    videos, a facilitator's guide, reference material, and a PowerPoint
    presentation.

## Detainee Notification and Orientation

The facility administrator shall ensure that the orientation program
required by the Detention Standard on **Admission and Release**, and the
detainee handbook required by the Detention Standard on **Detainee
Handbook**, notify and inform detainees about the facility's Sexual
Abuse and Assault Prevention and Intervention Program and that they
include (at a minimum):

-   Prevention and intervention;

-   Definitions and examples of detainee-on-detainee sexual abuse,
    staff-on-detainee sexual abuse, and coercive sexual activity.

-   Explanation of the ways of reporting sexual abuse or assault, and
    the investigation process.

-   Self-protection

-   Prohibition against retaliation

-   Treatment and counseling.

Each facility's Sexual Abuse and Assault Prevention and Intervention
Program shall provide detainees who are victims of sexual abuse or
assault an option to report the incident or situation to a designated
staff member other than an immediate point-of-contact line officer (for
example, the program coordinator or a mental health specialist).

As cited earlier under **DIRECTIVES AFFECTED**, ICE has provided a
Sexual Assault Awareness notice to be posted in English and Spanish on
all housing unit bulletin boards, as well as a Sexual Assault Awareness
Information pamphlet to be distributed in SPCs and CDFs and optionally
in IGSAs.

## Prevention

> All staff and detainees are responsible for being alert to signs of
> potential situations in which sexual assaults might occur and making
> reports and intervention referrals.
>
> In accordance with the Detention Standards on **Admission and
> Release** and **Classification System**:

-   Detainees shall be screened upon arrival at the facility for
    potential vulnerabilities to or tendencies of acting out with
    sexually aggressive behavior.

-   Each new arrival shall be kept separated from the general population
    until he or she is classified and may be housed accordingly.

-   Detainees with a history of sexual assault shall be identified,
    monitored, and counseled.  Detainees identified as 'high risk' for
    committing sexual assault shall be assessed by a mental health or
    other qualified professional and treated as appropriate.

-   Detainees at risk for sexual victimization shall be identified,
    monitored, and counseled.  Detainees identified as 'high risk' for
    sexual victimization shall be assessed by a mental health or other
    qualified professional. Detainees who are considered likely to
    become victims will be placed in the least restrictive housing that
    is available and appropriate.

-   Detainees identified as being at risk for sexual victimization shall
    be transported in accordance with that special safety concern.  The
    Detention Standard on **Transportation (By Land)**, in the section
    on ***Count, Identification, and Seating***, requires that
    transportation staff seat each detainee in accordance with written
    procedures from the facility administrator, with particular
    attention to detainees who may need to be afforded closer
    observation for their own safety.

## Prompt and Effective Intervention

Staff sensitivity toward detainees who are victims of sexual abuse or
assault is critical.

Staff shall take seriously all statements from detainees claiming to be
victims of sexual assaults and respond supportively and
non-judgmentally.  Any detainee who alleges that he or she has been
sexually assaulted shall be offered immediate protection from the
assailant and referred for a medical examination and/or a clinical
assessment of the potential for negative symptoms. Staff becoming aware
of an alleged assault shall immediately follow the reporting
requirements set forth in the written policies and procedures.

## Notifications and Referrals

> Designated staff shall provide services to victims and shall conduct
> investigations of sexual abuse or assault incidents.  Information
> concerning the identity of a detainee victim reporting a sexual
> assault, and the facts of the report itself, shall be limited to those
> who have a need to know in order to make decisions concerning the
> detainee-victim's welfare and for law enforcement/investigative
> purposes.
>
> The timely reporting of all incidents and allegations is of paramount
> importance.

### Alleged Detainee Perpetrator

> When a detainee(s) is alleged to be the perpetrator, it is the
> facility administrator's responsibility to ensure that the incident is
> promptly referred to the appropriate law enforcement agency having
> jurisdiction for investigation and reported to ICE through the SEN
> (Significant Event Notice) system.

### Alleged Staff Perpetrator

> When an employee, contractor, or volunteer is alleged to be the
> perpetrator of detainee sexual abuse or assault, the following shall
> be notified immediately:

-   The facility administrator,

-   The highest ranking on-site ICE/DRO representative,

-   The respective Field Office Director.

> The Field Office Director shall notify:

-   The Deputy Assistant Director, Detention Management Division,

-   The ICE Office of Professional Responsibility (OPR).  OPR will refer
    the matter to the DHS Office of the Inspector General (OIG).

> The facility administrator or Field Office Director shall also refer
> the matter to the FBI (or other appropriate law enforcement agency).

## Investigation and Prosecution

> If a detainee alleges sexual assault, a sensitive and coordinated
> response is necessary.
>
> When possible and feasible, appropriate staff shall preserve the crime
> scene, and safeguard information and evidence in coordination with the
> referral agency and consistent with established evidence gathering and
> processing procedures.
>
> Based on such factors as availability of in-house expertise and
> general security considerations, the facility administrator will
> arrange for the victim to undergo a forensic medical examination. The
> results of the physical examination and all collected physical
> evidence are to be provided to the Field Office Director.  Appropriate
> infectious disease testing, as determined by the health services
> provider, may be necessary.  Part of the investigative process may
> also include an examination of and collection of physical evidence
> from the suspected assailant(s).

# L. Transfer of Detainees to Hospitals or Other Facilities {#l.-transfer-of-detainees-to-hospitals-or-other-facilities .unnumbered}

When possible and feasible, victims of sexual assault should be
referred, under appropriate security provisions, to a community facility
for treatment and gathering of evidence.

If these procedures are performed in-house, the following guidelines
apply:

-   Health care professionals shall conduct an examination to document
    the extent of physical injury and to determine if referral to
    another medical facility is indicated.  With the victim's consent,
    the examination should include collection of evidence from the
    victim using a kit approved by the appropriate authority.  All
    forensic evidence collected must be secured and processed according
    to an established plan to maintain the chain of custody for criminal
    evidence.

-   Health care professionals shall test for sexually transmitted
    diseases (e.g., HIV, gonorrhea, hepatitis, and other diseases) and
    refer victim for counseling, as appropriate.

-   Prophylactic treatment and follow-up examination for sexually
    transmitted diseases shall be offered to all victims, as
    appropriate.

-   Following a physical examination, a mental health professional shall
    evaluate the need for crisis intervention counseling and long-term
    follow-up.

> Once the transfer has taken place, a report shall be made to the
> facility program administrator or designee to confirm separation of
> the victim from his or her assailant. Transfers will take into account
> safety and security concerns and the special needs of victimized
> detainees.

## M. Tracking Incidents of Sexual Abuse and Assaults {#m.-tracking-incidents-of-sexual-abuse-and-assaults .unnumbered}

All case records associated with claims of sexual abuse, including
incident reports, investigative reports, offender information, case
disposition, medical and counseling evaluation findings, and
recommendations for post-release treatment and/or counseling shall be
maintained in appropriate files in accordance with these Detention
Standards and applicable policies, and retained in accordance with
established schedules.

Particularly applicable to the storage, confidentiality, and release of
case records are the requirements of the ***Confidentiality and Release
of Medical Records*** section of the Detention Standard on **Medical
Care** and the requirements of the Detention Standard on **Detention
Files**, especially in regard to the Privacy Act of 1974.  Because of
the very sensitive nature of information about victims and their medical
condition, including infectious disease testing, staff must be
particularly vigilant about maintaining confidentiality and releasing
information only for legitimate need-to-know reasons.

Monitoring and evaluation are essential for assessment of the rate of
occurrence of sexual assault and agency effectiveness in reducing
sexually abusive behavior.  Accordingly, the facility administrator must
maintain two types of files.

-   **General files** include:

    -   The victim(s) and assailant(s) of a sexual assault,

    -   Crime characteristics,

    -   Detailed reporting timeline, including the name of the staff
        member receiving the report of sexual assault, date and time the
        report was received, and steps taken to communicate the report
        up the chain of command, and

    -   Formal and or informal action taken.

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-   **Investigative files** include:

    -   All reports,

    -   Medical forms,

    -   Supporting memos and videotapes, if any, and

    -   Any other evidentiary materials pertaining to the allegation.

> The facility administrator shall maintain these files chronologically
> in a secure location.  Each facility administrator shall maintain a
> listing of the names of sexual assault victims and assailants along
> with the dates and locations of all sexual assault incidents occurring
> within the facility on his or her computerized incident reporting
> system.  Such information shall be maintained on a need-to-know basis
> in accordance with the Detention Standards on **Medical Care** and
> **Detention Files**, which includes protection of electronic files
> from unauthorized access.

In SPCs and CDFs, the facility administrator shall give assailant(s) and
victim(s) involved in a sexual assault incident a specific designator as
required in the official reporting system  (SIR, SEN, Other).

> *Access to this designation shall be limited to those staff involved
> in the treatment of the victim or the investigation of the incident.
> The authorized designation will allow appropriate staff to track the
> detainee victim or assailant of sexual assault across the system.
> Based on the designated reporting data, the ICE/DRO program office
> shall report annually the number of sexual assaults occurring within
> secure detention facilities utilized by ICE/DRO.  Data will be
> provided through the SEN system.*

**Standard Approved:**

**James T. Hayes, Jr. /s/ 12/5/2008**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_                      
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**James T. Hayes, Jr., Date**

**Director**

**Office of Detention and Removal Operations**

**Appendix A**

**Resources Available from the National Institute of Corrections**

The National Institution of Corrections (NIC):

-   Offers training and technical assistance and provides a national
    clearinghouse for information on the Prison Rape Elimination Act of
    2003 (PREA), and

-   Is required by the PRLE to produce an annual report to Congress.

"PREA Tool Kit 1," available from NIC, contains:

-   A copy of the video, Facing Prison Rape, and the accompanying
    Facilitator's Guide.

-   A copy of the full 3-hour videoconference "How PREA Affects You."

-   A copy of the Prison Rape Elimination Act of 2003.

-   A bibliography of reference material.

-   A PowerPoint presentation containing an overview and introduction to
    the PREA.

Other Resource Links

National Institute of Corrections: www.nicic.gov

National Prison Rape Elimination Commission: www.nprec.us

NIC/WCL Project on Addressing Prison Rape:
http://www.wcl.american.edu/nic/

Bureau of Justice Assistance: www.ojp.usdoj.gov/BJA

Bureau of Justice Statistics: www.ojp.usdoj.gov/bjs

The Moss Group: www.mossgroup.us

Stop Prisoner Rape: www.spr.org

**Appendix B**

**Sample Sexual Abuse Prevention and Intervention Protocols**

These protocols serve as guidelines for staff in the development of
written policies and procedures for a Sexual Abuse and Assault
Prevention and Intervention Program.  Some procedures may not be
applicable or feasible for implementation at a particular facility;
however to the extent possible, they should be incorporated as part of a
successful program.

**I. VICTIM IDENTIFICATION (all staff)**

A.  Primarily, staff learns that sexual abuse or assault has occurred
during confinement because:

-   Staff discovers an assault in progress.

-   A victim reports an assault to a staff member.

-   Another detainee reports abuse or an assault, or a detainee is the
    subject of detainee rumors.

-   Medical evidence indicates the probability of abuse or an assault.

While some victims will be clearly identified, many, even most, may not
come forward directly with information.  Some victims may be identified
through unexplained injuries, changes in physical behavior due to
injuries, or abrupt personality changes such as withdrawal or suicidal
behavior.

B.  The following guidelines may help staff in responding appropriately
to a suspected victim:

-   If it is suspected that the detainee was sexually assaulted, the
    detainee should be advised of the importance of getting help to deal
    with the assault, that he or she may be evaluated medically for
    sexually transmitted diseases and other injuries, and that trained
    personnel are available to assist.

-   Staff should review the background of a suspected victim and the
    circumstances surrounding the incident without jeopardizing the
    detainee\'s safety, identity, and privacy.

-   If staff discovers an assault in progress, the suspected victim
    should be removed from the immediate area for care and for
    interviewing by appropriate staff.

-   The victim and the alleged assailant need to be immediately
    separated.

-   If a suspected victim is fearful of being labeled an informer, he or
    she should be advised that the identity of the assailant(s) is not
    needed to receive assistance.

-   The staff member who first identifies that an assault may have
    occurred should refer the matter to the security shift supervisor or
    investigative supervisor.

**II.   PROCEDURES FOR INVESTIGATION**

All reports of alleged sexual abuse or assault must be handled and
investigated in accordance with the Prison Rape Elimination Act (PREA).
The following procedures may apply for reported or known victims of
sexual assault.  If the detainee was threatened with sexual assault or
was assaulted on a previous occasion, some steps may not be necessary.

-   The standard protocol is to transport every alleged victim and
    assailant (separately) to the nearest hospital for a "rape kit" as
    soon as possible. 

**C.  Collect Evidence from Assailant (security and health services
staff)**

-   Identify the assailant if possible and isolate the assailant,
    whenever possible, pending further investigation.

-   Use standard investigative and evidence-gathering procedures.

-   Report the incident to the appropriate law enforcement agency.

-   If facility medical staff attempts to examine the alleged assailant,
    findings should be documented both photographically and in writing. 
    A written summary of all medical evidence and findings should be
    completed and maintained in the detainee\'s medical record.  Copies
    should also be provided to supervisory security staff and
    appropriate law enforcement officials.

**III. MEDICAL ASSESSMENT OF VICTIM - (health services staff)**

-   If trained medical staff is available in the facility, render
    treatment locally whenever feasible.

-   If the alleged victim is examined in the facility to determine the
    extent of injuries, all findings should be documented both
    photographically and in writing and placed in the detainee's medical
    record, with a copy to supervisory security staff and appropriate
    law enforcement officials.

-   If deemed necessary by the examining physician, follow established
    procedures for use of outside medical consultants or for an escorted
    trip to an outside medical facility.

-   Notify staff at the community medical facility and alert them to the
    detainee\'s condition.

-   When necessary, conduct STD and HIV testing.

-   Refer the detainee for crisis counseling as appropriate.

IV. MEDICAL TRANSFERS FOR EXAMINATION AND TREATMENT - (security and
health services staff)

-   If determined appropriate by the facility physician and if approved
    by the facility administrator or designee, the detainee may be
    examined by medical personnel from the community.  A contractual
    arrangement may be developed with a rape crisis center or other
    available community medical service to enhance facility medical
    services.  The contract should provide for clinical examination, for
    assessing physical injuries and collecting any physical evidence of
    sexual assault.  It should also allow for contract medical personnel
    to come into the facility and for escorting detainees to the
    contract facility (crisis care center, medical clinic, hospital,
    etc.).

-   Escorting staff should treat the victim in a supportive and
    non-judgmental way.

-   Information about the assault is confidential, and should be given
    only to those directly involved in the investigation and/or
    treatment of the victim.

**V.  MENTAL HEALTH SERVICES** - **(mental health staff)**

-   Mental health staff should be notified immediately after the initial
    report of an allegation of sexual abuse or assault of a detainee.

-   Any alleged victim should be seen within 24 hours following such
    notification by a mental health clinician to provide crisis
    intervention and to assess any immediate and subsequent treatment
    needs.

-   The findings of the initial crisis evaluation session should be
    summarized in writing within one week of the initial session and
    placed in the appropriate treatment record, with a copy provided to
    the hospital administrator or clinical director and other staff
    responsible for oversight of sexual abuse or assault prevention and
    intervention procedures.

-   Additional psychological or psychiatric treatment, as well as
    continued assessment of mental health status and treatment needs,
    should be provided as needed, with the victim\'s full consent and
    collaboration.  Decisions regarding the need for continued
    assessment and treatment should be made by qualified clinicians
    according to established professional standards, and should be made
    with awareness that a victim of sexual abuse or assault commonly
    experiences both immediate and delayed psychiatric or emotional
    symptoms.

-   If a victim chooses to continue to pursue treatment, the clinician
    will either provide appropriate treatment or facilitate referral to
    an appropriate treatment option, including individual therapy, group
    therapy, further psychological assessment, assignment to a mental
    health counselor or facility, referral to a psychiatrist, or other
    treatment options.  Pending referral, mental health services should
    continue unabated.  If a victim chooses to decline further treatment
    services, he or she should be asked to sign a statement to that
    effect.

-   All treatment and evaluation sessions should be properly documented
    and placed in the appropriate treatment record to ensure continuity
    of care.

-   Should a victim be released from custody during the course of
    treatment, the victim should be advised of community mental health
    resources in his/her area.

VI. MONITORING AND FOLLOW-UP

-   Classification and security staff should place the victim in
    appropriate housing and assess the risk of keeping the victim at the
    same facility where the incident occurred. Detainees who are
    considered likely to become victims will be placed in the least
    restrictive housing that is available and appropriate.

-   Housing, medical and mental health staff should monitor the physical
    and mental health of the victim and coordinate the continuation of
    necessary services.

-   Medical staff should dispense medication and provide routine
    examinations and STD and HIV follow-up.

-   Mental health staff should conduct post-crisis counseling and
    arrange for psychiatric care if necessary.

**Appendix C**

**[SEXUAL ASSAULT AWARENESS]{.underline}**:  This document is required
to be posted in each Housing Unit Bulletin Board at all Service
Processing Centers and Contract Detention Facilities and by
Intergovernmental Service Agreement Providers that house ICE detainees.

While detained by the Department of Homeland Security, Immigration and
Customs Enforcement, Office of Detention and Removal, you have a right
to be safe and free from sexual harassment and sexual assault.  Report
all attempted assaults and assaults to your housing unit officer, a
supervisor, the Officer in Charge, or directly to the Office of the
Inspector General at 1 (800) 323-8603.

[**Definitions**:]{.underline}

> [Detainee-on-Detainee Sexual Abuse/Assault]{.underline}:  One or more
> detainees engaging in, or attempting to engage in a *sexual act* with
> another detainee or the *use of threats*, *intimidation, inappropriate
> touching* or other actions and/or communications by one or more
> detainees aimed at *coercing* and/or *pressuring* another detainee to
> engage in a sexual act.
>
> [Staff-on-Detainee Sexual Abuse/Assault]{.underline}:  Staff member
> engaging in, or attempting to engage in a sexual act with any detainee
> or the intentional touching of a detainee's genitalia, anus, groin,
> breast, inner thigh, or buttocks with the intent to abuse, humiliate,
> harass, degrade, arouse, or gratify the sexual desires of any person.
> *Sexual abuse/assault of detainees by staff or other detainees is an
> inappropriate use of power and is prohibited by ICE policy and the
> law.*
>
> [Staff Sexual Misconduct is]{.underline}:  Sexual behavior between a
> staff member and detainee which can include, but is not limited to
> indecent, profane or abusive language or gestures and inappropriate
> visual surveillance of detainees.

[**Prohibited Acts**:]{.underline}

A detainee who engages in inappropriate sexual behavior with or directs
it at others, can be charged with the following Prohibited Acts under
the Detainee Disciplinary Policy.

*Code 101*: Sexual Assault                  

*Code 207*: Making a Sexual Proposal   

*Code 404*: Using Abusive or Obscene

*Code 206*: Engaging in a Sex Act   

*Code 300*: Indecent Exposure or Language

[**Detention as a Safe Environment**:]{.underline}

While you are detained, no one has the right to pressure you to engage
in sexual acts or engage in unwanted sexual behavior regardless of your
age, size, race, or ethnicity.  Regardless of your sexual orientation,
you have the right to be safe from unwanted sexual advances and acts.

[**Confidentiality**:]{.underline}

Information concerning the identity of a detainee victim reporting a
sexual assault, and the facts of the report itself, shall be limited to
those who have the need to know in order to make decisions concerning
the detainee-victim's welfare and for law enforcement/investigative
purposes.

[**Avoiding Sexual Assault**:]{.underline}

Here are some things you can do to protect yourself against sexual
assault:

-   Carry yourself in a confident manner. Many offenders choose victims
    who look like they would not fight back or who they think are
    emotionally weak. 

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-   Do not accept gifts or favors from others.  Most gifts or favors
    come with strings attached to them.

-   Do not accept an offer from another detainee to be your protector.

-   Find a staff member with whom you feel comfortable discussing your
    fears and concerns. Report concerns!

-   Do not use drugs or alcohol; these can weaken your ability to stay
    alert and make good judgments.

-   Avoid talking about sex.  Other detainees may believe you have in
    interest in a sexual relationship.

-   Be clear, direct and firm.  Do not be afraid to say NO or STOP IT
    NOW.

-   Stay in well-lit areas of the Facility.

-   Choose your associates wisely.  Look for people who are involved in
    positive activities like educational programs, work opportunities,
    or counseling groups.  Get involved in these activities yourself.

-   Trust your instincts. Be aware of situations that make you feel
    uncomfortable.  If it does not feel right or safe, leave the
    situation.  ** [If you fear for your safety, report your concerns to
    staff]{.underline}**[.]{.underline}

**[REPORT all Assaults]{.underline}:**

If you become a victim of a sexual assault, you should report it
immediately to [any]{.underline} staff person you trust, to include
housing officers, deportation officers, chaplains, medical staff or
supervisors. Staff members keep the reported information confidential
and only discuss it with the appropriate officials on a need to know
basis.  If you are not comfortable reporting the assault to staff, you
have other options:

-   Write a letter reporting the sexual misconduct to the Officer in
    Charge, Assistant Field Office Director, or Field Office Director to
    ensure confidentiality, use special mail procedures. 

-   File an Emergency Detainee Grievance - If you decide your complaint
    is too sensitive to file with the Officer in Charge, you can file
    your Grievance directly with the Field Director.  You can get the
    forms from your housing unit officer, deportation staff or a
    facility supervisor.

-   Write to the Office of Inspector General (OIG), which investigates
    allegations of staff misconduct.

    -   The address is:  Office of Inspector General, P.O. Box 27606,
        Washington, D.C. 20530

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-   Call at no expense to you the Office of Inspector General (OIG). The
    phone number is posted in your housing unit.

Individuals who sexually abuse or assault detainees can only be
disciplined or prosecuted if the abuse is reported.

**[Next Steps after Reporting a Sexual Assault]{.underline}**

You will be offered immediate protection from the assailant and you will
be referred for medical examination and clinical assessment.  You do not
have to name the detainee(s) or staff member who assaulted you to
receive assistance, but specific information may make it easier for
staff to help you.  You will continue to receive protection from the
assailant, whether or not you have identified your attacker or agree to
testify against them.  [It is important that you do not shower, wash,
drink, change clothing or use the bathroom until evidence can be
collected.]{.underline}

**[The Medical Exam]{.underline}**

Medical staff will examine you for injuries, which may or may not be
readily apparent to you and will gather physical evidence of assault. 
Bring the clothes and underwear that you had on at the time of the
assault to the medical exam with you.  You will be checked for the
presence of physical evidence, which supports your allegation.  With
your consent, a medical professional will perform a pelvic and/or rectal
examination to obtain samples of or document the existence of physical
evidence such as hair, body fluids, tears or abrasions, which remain
after the assault.  This physical evidence is critical in corroborating
the sexual assault occurred and in identifying the assailant; trained
personnel will conduct the exam privately and professionally.

[**Understanding the Investigative Process**:]{.underline}

Once the misconduct is reported, the appropriate law enforcement agency
will conduct an investigation.  The purpose of the investigation is to
determine the nature and extent of the misconduct.  You may be asked to
give a statement during the investigation.  If criminal charges are
filed, you may be asked to testify during the criminal proceedings.  Any
detainee who alleges that he or she has been sexually assaulted shall be
offered immediate protection and will be referred for a medical
examination.

[**The Emotional Consequences of Sexual Assaults**:]{.underline}

It is common for victims of sexual assault to have feelings of
embarrassment, anger, guilt, panic, depression, and fear even several
months or years after the attack.  Other common reactions include loss
of appetite, nausea or stomachaches, headaches, loss of memory and/or
trouble concentrating and changes in sleep patterns.  Emotional support
is available from the facility's mental health and medical staff, and
from the chaplains.  Also, many detainees who are at high risk to
sexually assault others have often been sexually abused themselves. 
Mental health services are available to them also so that they can
control their actions and heal from their own abuse.

Sexual assaults can happen to anyone:  any gender, age, race, ethnic
group, socioeconomic status, sexual orientation, or disability.  Sexual
assault is not about sex; it is about POWER and CONTROL.  All reports
are taken seriously.  Your safety and the safety of others is the most
important concern.  For everyone's safety, incidents, threats, or
assaults must be reported.

Report all attempted assaults and assaults to your housing unit officer,
a supervisor, the Officer in Charge, or directly to the Office of the
Inspector General