(E) TJJD attempts to conduct a mental health evaluation
of all known youth-on-youth abusers within 60 days after learning
of such abuse history and offers treatment when deemed appropriate
by mental health practitioners.
(n) Sexual Abuse Incident Reviews.
(1) TJJD conducts an incident review at the conclusion
of every sexual abuse investigation unless the allegation is determined
to be unfounded.
(2) Managers, supervisors, investigators, and medical
or mental health practitioners participate in the review.
(3) The review team:
(A) considers whether the allegation or investigation
indicates a need to change policy or practice to better prevent, detect,
or respond to sexual abuse;
(B) considers whether the incident or allegation was
motivated by race; ethnicity; gender identity; status or perceived
status as lesbian, gay, bisexual, transgender, or intersex; gang affiliation;
or was motivated or otherwise caused by other group dynamics at the
facility;
(C) examines the area where the incident allegedly
occurred to assess whether physical barriers in the area may enable
abuse;
(D) assesses the adequacy of staffing levels in that
area during different shifts;
(E) assesses whether monitoring technology should be
used or enhanced to supplement supervision by staff; and
(F) submits a report of its findings and recommendations
to the facility administrator, the local PREA compliance manager,
and other appropriate staff members.
(4) The facility where the incident allegedly occurred
must implement the review team's recommendations or document its reasons
for not doing so.
(o) Data Collection and Storage.
(1) TJJD collects data for every allegation of sexual
abuse at TJJD-operated facilities using a standardized instrument
and set of definitions and aggregates the data at least once each
year. TJJD also maintains, reviews, and collects data as needed from
all available incident-based documents, such as reports, investigation
files, and sexual abuse incident reviews.
(2) TJJD develops its data collection instrument to
include the data necessary to answer all questions from the most recent
version of the Survey of Sexual Violence conducted by the U.S. Department
of Justice.
(3) TJJD obtains incident-based and aggregate data
from each residential facility operating under a contract with TJJD.
(4) TJJD securely retains all sexual abuse data it
collects.
(p) Publication of Sexual Abuse Data.
(1) TJJD reviews aggregate sexual abuse data to assess
and improve the effectiveness of its policies, practices, and training.
Following this review, TJJD prepares an annual report of its findings
and corrective actions for each facility and the agency as a whole.
The report will be posted on the agency's website.
(2) Annually, TJJD posts on its website all aggregated
sexual abuse data from TJJD-operated and contracted facilities.
(q) Audits of PREA Standards. TJJD conducts audits
pursuant to 28 CFR §§115.401 - 115.405.
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