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PREA

Pickens County Detention's Prison Rape Elimination ACT (PREA) Policies and Procedures

§115.22 Policies to ensure referrals of allegations for investigations.

   (a) The agency shall ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment. 

   (b) The agency shall have in place a policy to ensure that allegations of sexual abuse or sexual harassment are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. The agency shall publish such policy on its Web site or, if it does not have one, make the policy available through other means. The agency shall document such referrals. 

   (c) If a separate entity is responsible for conducting criminal investigations, such publication shall describe the responsibilities of both the agency and the investigating entity.

   (d) Any State entity responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in prisons or jails shall have in place a policy governing the conduct of such investigations. 

   (e) Any Department of Justice component responsible for conducting administrative or criminal investigation of sexual abuse or sexual harassment in prisons or jails shall have in place a policy governing the conduct of such investigations.

   (f) When a staff member, contractor, or volunteer is alleged to be the perpetrator of detainee sexual abuse, Pickens County Detention shall ensure that the incident is promptly reported to the Joint Intake Center, the ICE Office of Professional Responsibility or the DHS Office of Inspector General, as well as to the appropriate ICE Field Office Director, and to the local government entity or contractor that owns or operates the facility. If the incident is potentially criminal, the facility shall ensure that it is promptly referred to an appropriate law enforcement agency having jurisdiction for investigation.