Facility-to- facility notifications of an allegation of abuse that occurred at an inmate’s prior facility pursuant to Standard 115.63(a) must be made to “the head of the facility or appropriate office of the agency where the alleged abuse occurred.” Wha
Standard 115.63(a) does not define what an “appropriate office” would be in this context. The intent of the standard is to urge facility heads to send the notification to an individual or office that will ensure the prior facility takes immediate steps to investigate the allegation appropriately and promptly.
Does Standard 115.63(a) require that notification of an incident of sexual abuse that took place at a prior facility be made directly from the head of the facility receiving the allegation, or can some other designated person make the notification?
The notification must, at a minimum, be: (1) Made at the direction of the facility head, and (2) Appear to a third party to have originated with the facility head. For example, the facility head could instruct his or her administrative assistant to send the notification on the facility head’s letterhead and with the facility head’s signature, or to send the notification from the facility head’s email address. By contrast, the facility’s PREA Compliance Manager could not send the notification from his or her email address and merely copy the facility head.