Laserfiche WebLink
EROIGSA -15 -0007 <br />ATTACHMENT 4: INCORPORATION OF ZDHS PREA STANDARDS <br />(6) All strip searches and visual body cavity searches shall be documented. <br />(7) Each facility shall implement policies and procedures that enable detainees to shower, perform <br />bodily functions, and change clothing without being viewed by staff of the opposite gender, <br />axcapt in, exigent circumstances or when such viewing is incidental to routine cell checks or is <br />otherwise appropriate in connection with a medical examination or monitored bowel. movement, <br />Such policies and procedures shall require staff of the opposite gender to atuiounce their presence <br />when entering an area where detainees are likely to be showering, performing bodily functions, or <br />changing clothing, <br />(8) The facility shall not search or physically examine a detedrea for the sole purposes of determining <br />the detainee's genital characteristics. If the detainee's gender is unknown, it may be determined <br />during conversations with the detainee, by reviewing medical records, or, if necessary, learning <br />that information as part of a standard medical examination that all detainees must undergo as part <br />oCintako or other processing procedure conducted in private, by a medical practitioner, <br />115.16 Accotnmodarin detainees with t igablittlos and detainees vrho are limited Engifnh nroEruent <br />(1) The agency and each facility shall take appropriate steps to ensure that detainees with disabilities <br />(including, for example, detainees who are deaf or hard of hearing, those whe are blind or have <br />Iow vision, or those who ]nave intellectual, psychiatric, or speech disabilities) have an equal <br />Opportunity to participate in or benefit from all aspects of the agency's and facility's efforts to <br />prevent, detect, and respond to sexual abuse, Such steps shall include, when necessary to ensuue <br />effective communication with detainees who are deaf or hard of hearing, providing access to in- <br />person, telephonic, or video interpretive services that enable effective, accurate, and impartial <br />interpretation, both receptively and expressively, using any necessary specialized vocabulary. In <br />addition, the a.genoy and facility shall ensure that any written materials related to sexual abuse are <br />provided in formats or through methods that ensure effective communication with detainees with <br />disabilities, including detainees who have intellectual disabilities, limited reading skills, or who <br />arc blind or have low vision. An agency or facility is not required to take actions that it can <br />demonstrate would result in a fundamental alteration in the nature of a service, program, or <br />activity, or in undue Financial and administzative burdens, as those terms are used in regulations <br />promulgated under title 11 of the Americans with Disabilities Act, 28 CPR 35.164. <br />(2) The agency and each facility shall take steps to ensure meningfid access to all aspects of the <br />agency's and facility's efforts to prevent, detect, and respond to sexual abuse to detainees who arc <br />limited English proficient, including steps to provide in -person or telephonic interpretive services <br />that enable effective, accurate, and impartial interpretation, both receptively and expressively, <br />using any necessary specialized vocabulary, <br />(3) In matters relating to allegations of sexual abuse, the agency and each facility shall provide in- <br />person or telephonic interpretation services that enable effective, accurate, and impartial <br />interpretation, by someone other than another detainee, unless the detainee expresses a preference <br />for another detainee to provide interpretation, and the agency determines that such interpretation <br />is appropriate and consistent with DHS policy, 'The provision of interpreter services by minors, <br />alleged abusers, detainees who witnessed the alleged abuse, and detainees who have a significant <br />relationship with the alleged abuser is not appropriate in matters relating to allegations of sexual <br />abuse. <br />115.17 Hirhta and promotion decisions <br />(1) An agency or facility shall not hire or promote anyone who may have contact with detainees, and <br />shall not enlist the services of any contractor or volunteer who may have contact with detainees, <br />who has engaged in sexual abuse in a prison, jail, holding facility, community confinement <br />facility, juvenile facility, or other institution (as defined in 42 U.S.C, 1997); who has been <br />25G -74 <br />