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EROIGSA -15 -0007 ATTACHMENT 4s I1ITCORPORATION OF DRS PREA STANDARDS convicted of engaging or attempting to engage in sexual activity facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or who has been civilly or administratively adjudicated to have engaged in such activity. (2) An agency or facility considering hiring or promoting staff shall ask all applicants who may have contact with detainees directly about previous misconduct described in paragraph (1) of this section, in written applioations or interviews for hiring or promotions and in any interviews or written self - evaluations conducted as part of reviews of current employees, Agencies and facilities shall also impose upon employees a continuing affirmative duty to disclose any such misconduct, The agency, consistent with law, shall make its best efforts to contact all prior institutional employers of an apphoant for employment, to obtain information on substantiated allegations of sexual abuse or any resignation during a pending investigation of alleged sexual abuse. (3) Before hiring new staff who may have contact with detainees, the agency or facility shall conduct a background investigation to determine wliother the candidate for hire is suitable for employment with the facility or agency, including a criminal background records check, Upon request by the agency, the facility shall submit for the agency's approval written documentation showing the detailed elements of the facility's background check for each staff member and the facility's conclusions. The agency shall conduct an updated background investigation every five years for agency employees who may have contact with detainees. The facility shall require an updated background investigation every five years for those facility staff who may have contact with detainees and who work in iniunigration. -only detention facilities, (4) The agency or facility shall also perform a background investigation before enlisting the services of any contractor who may have contact with detainees. Upon request by the agency, the Facility shall submit for the agency's approval written documentation showing the detailed elements of the facility's background check for each contractor and the facility's oenelusions. (5) Material omissions regarding such misconduct, or the provision of materially false information, shall be grounds for termination or withdrawal of an offer of employment, as appropriate. (G) In the event the agency contracts with a facility for the confinement of detainees, the requirements of this section otherwise applicable to the agency also apply to the facility and its staff. 115.18 Unerades to fuciht es and technolo¢ es, I (1) When designing or acquiring any new facility and in planning any substantial expansion or j modification of existing facilities, the facility or agency, as appropriate, shall consider the affect of the design, acquisition, expansion, or modification upon their ability to protect detainees from sexual abuse. (2) When installing or updating a video monitoring system, electronic surveillance system, or other monitoring technology in an immigration detention facility, the facility or agency, as appropriate, shall consider how such technology may enhance their ability to protect detainees from sexual. abuse. RESPONSIVC PLANNING 115.21 Evidence protocols and forensic medical o. aminations. (1) To the extent that the agency or facility is responsible for investigating allegations of sexual abuse involving detainees, it shall follow a uniform evidence protocol that maximizes the potential for obtaining usable physical ovidence for administrative proceedings and cri minal prosecutions. The protocol shall be developed in coordination with D.HS and shall be developmentally appropriate £or juveniles, where applicable. 25G -75