Criminal and administrative investigations.

CFR · 2024-01-01 · US · Title 6

(a) If the facility has responsibility for investigating allegations of sexual abuse, all investigations into alleged sexual abuse must be prompt, thorough, objective, and conducted by specially trained, qualified investigators. (b) Upon conclusion of a criminal investigation where the allegation was substantiated, an administrative investigation shall be conducted. Upon conclusion of a criminal investigation where the allegation was unsubstantiated, the facility shall review any available completed criminal investigation reports to determine whether an administrative investigation is necessary or appropriate. Administrative investigations shall be conducted after consultation with the appropriate investigative office within DHS, and the assigned criminal investigative entity. (c)(1) The facility shall develop written procedures for administrative investigations, including provisions requiring: (i) Preservation of direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data; (ii) Interviewing alleged victims, suspected perpetrators, and witnesses; (iii) Reviewing prior complaints and reports of sexual abuse involving the suspected perpetrator; (iv) Assessment of the credibility of an alleged victim, suspect, or witness, without regard to the individual's status as detainee, staff, or employee, and without requiring any detainee who alleges sexual abuse to submit to a polygraph; (v) An effort to determine wh

official document · source cfr-2024 · id 6:§ 115.71