Administrative Code Provisions | Idaho Admin. Code r. 05.01.02.220 | 2018
01. Sexual Abuse of Juvenile Offenders. The detention center shall have written policy and procedures mandating zero (0) tolerance toward all forms of sexual abuse and sexual harassment and outlining the agency's approach to preventing, detecting, and responding to such conduct. The policy and procedures shall contain, at a minimum, the following provisions: Effective Date (3-20-14)
a. The prohibition of any sexual abuse or sexual harassment as defined by PREA Standards or as defined in Title 18, Chapter 61, Section 18-6110, Idaho Code; Effective Date (3-20-14)
b. The appointment of a PREA Coordinator, as outlined by PREA Standard Section 115.311(c), to be determined by the detention center administrator; Effective Date (3-20-14)
c. Procedures that enable residents to shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks as outlined by PREA Standard Section 115.315(d); Effective Date (3-20-14)
d. The requirement of staff of the opposite gender to announce their presence when entering a resident housing unit or any area where residents are likely to be showering, performing bodily functions, or changing clothing as outlined by PREA Standard Section 115.315(d); Effective Date (3-20-14)
e. The process that will be in place to provide age appropriate education to juvenile offenders as outlined by PREA Standard Section 115.333; Effective Date (3-20-14)
f. The provision of multiple avenues for a juvenile offender or a third party to report sexual abuse and sexual harassment, at least one of which must be external to the agency as outlined by PREA Standard Section 115.351; Effective Date (3-20-14)
g. The process for gathering information to make classification and housing decisions to reduce the risk of sexual victimization as outlined by PREA Standard Section 115.342; Effective Date (3-20-14)
h. The handling of all information regarding sexual abuse or sexual harassment with confidentiality as outlined by PREA Standard Section 115.361(c); Effective Date (3-20-14)
i. The process to ensure that allegations of sexual abuse or sexual harassment are referred for investigation to an agency with legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior as outlined by PREA Standard Section 115.322; Effective Date (3-20-14)
j. Policies to protect all residents and staff who report sexual abuse or sexual harassment from acts of retaliation as outlined by PREA Standard Section 115.367; Effective Date (3-20-14)
k. The provision of timely and unimpeded access to crisis intervention services, medical, and mental health care to victims as outlined by PREA Standard Section 115.382(a); Effective Date (3-20-14)
l. The provision and documentation of training for staff as outlined by PREA Standard Section 115.331; Effective Date (3-20-14)
m. Within thirty (30) days of the conclusion of every sexual abuse investigation, the facility shall conduct a sexual abuse incident review as outlined in PREA Standard 115.386. Effective Date (3-20-14)