SSV Attachments with Table of Contents

Attachments

Table of Contents

Attachment 1 - Public Law 108-79 . . . . . . . . . . . . . . . . . . . . . . . . 3
Attachment 2 - Questionnaires . . . . . . . . . . . . . . . . . . . . . . . . . 23
SSV-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
SSV-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SSV-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
SSV-4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SSV-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
SSV-6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
SSV-IA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
SSV-IJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Attachment 3 - PREA Standards . . . . . . . . . . . . . . . . . . . . . . . . 68
Attachment 4 - Confidentiality Laws . . . . . . . . . . . . . . . . . . . . . 70
Attachment 5 - Sample Design . . . . . . . . . . . . . . . . . . . . . . . . . 76
Attachment 6 - Survey Request Letter . . . . . . . . . . . . . . . . . . . . 95
Attachment 7 - Nonresponse Follow-up . . . . . . . . . . . . . . . . . . . 98

Attachment 1
Public Law 108-79

Attachment 1 - Public Law 108-79

PUBLIC LAW 108–79—SEPT. 4, 2003

PRISON RAPE ELIMINATION ACT OF 2003

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Attachment 1 - Public Law 108-79

117 STAT. 972

PUBLIC LAW 108–79—SEPT. 4, 2003

Public Law 108–79
108th Congress
An Act
Sept. 4, 2003
[S. 1435]

Prison Rape
Elimination Act
of 2003.
45 USC 15601
note.

To provide for the analysis of the incidence and effects of prison rape in Federal,
State, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Prison Rape
Elimination Act of 2003’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

42 USC 15601.

1. Short title; table of contents.
2. Findings.
3. Purposes.
4. National prison rape statistics, data, and research.
5. Prison rape prevention and prosecution.
6. Grants to protect inmates and safeguard communities.
7. National Prison Rape Reduction Commission.
8. Adoption and effect of national standards.
9. Requirement that accreditation organizations adopt accreditation standards.
10. Definitions.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) 2,100,146 persons were incarcerated in the United
States at the end of 2001: 1,324,465 in Federal and State
prisons and 631,240 in county and local jails. In 1999, there
were more than 10,000,000 separate admissions to and discharges from prisons and jails.
(2) Insufficient research has been conducted and insufficient data reported on the extent of prison rape. However,
experts have conservatively estimated that at least 13 percent
of the inmates in the United States have been sexually
assaulted in prison. Many inmates have suffered repeated
assaults. Under this estimate, nearly 200,000 inmates now
incarcerated have been or will be the victims of prison rape.
The total number of inmates who have been sexually assaulted
in the past 20 years likely exceeds 1,000,000.
(3) Inmates with mental illness are at increased risk of
sexual victimization. America’s jails and prisons house more
mentally ill individuals than all of the Nation’s psychiatric
hospitals combined. As many as 16 percent of inmates in State
prisons and jails, and 7 percent of Federal inmates, suffer
from mental illness.
(4) Young first-time offenders are at increased risk of sexual
victimization. Juveniles are 5 times more likely to be sexually

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Attachment 1 - Public Law 108-79

PUBLIC LAW 108–79—SEPT. 4, 2003

117 STAT. 973

assaulted in adult rather than juvenile facilities—often within
the first 48 hours of incarceration.
(5) Most prison staff are not adequately trained or prepared
to prevent, report, or treat inmate sexual assaults.
(6) Prison rape often goes unreported, and inmate victims
often receive inadequate treatment for the severe physical and
psychological effects of sexual assault—if they receive treatment
at all.
(7) HIV and AIDS are major public health problems within
America’s correctional facilities. In 2000, 25,088 inmates in
Federal and State prisons were known to be infected with
HIV/AIDS. In 2000, HIV/AIDS accounted for more than 6 percent of all deaths in Federal and State prisons. Infection rates
for other sexually transmitted diseases, tuberculosis, and hepatitis B and C are also far greater for prisoners than for the
American population as a whole. Prison rape undermines the
public health by contributing to the spread of these diseases,
and often giving a potential death sentence to its victims.
(8) Prison rape endangers the public safety by making
brutalized inmates more likely to commit crimes when they
are released—as 600,000 inmates are each year.
(9) The frequently interracial character of prison sexual
assaults significantly exacerbates interracial tensions, both
within prison and, upon release of perpetrators and victims
from prison, in the community at large.
(10) Prison rape increases the level of homicides and other
violence against inmates and staff, and the risk of insurrections
and riots.
(11) Victims of prison rape suffer severe physical and
psychological effects that hinder their ability to integrate into
the community and maintain stable employment upon their
release from prison. They are thus more likely to become homeless and/or require government assistance.
(12) Members of the public and government officials are
largely unaware of the epidemic character of prison rape and
the day-to-day horror experienced by victimized inmates.
(13) The high incidence of sexual assault within prisons
involves actual and potential violations of the United States
Constitution. In Farmer v. Brennan, 511 U.S. 825 (1994), the
Supreme Court ruled that deliberate indifference to the
substantial risk of sexual assault violates prisoners’ rights
under the Cruel and Unusual Punishments Clause of the
Eighth Amendment. The Eighth Amendment rights of State
and local prisoners are protected through the Due Process
Clause of the Fourteenth Amendment. Pursuant to the power
of Congress under Section Five of the Fourteenth Amendment,
Congress may take action to enforce those rights in States
where officials have demonstrated such indifference. States that
do not take basic steps to abate prison rape by adopting standards that do not generate significant additional expenditures
demonstrate such indifference. Therefore, such States are not
entitled to the same level of Federal benefits as other States.
(14) The high incidence of prison rape undermines the
effectiveness and efficiency of United States Government
expenditures through grant programs such as those dealing
with health care; mental health care; disease prevention; crime
prevention, investigation, and prosecution; prison construction,

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117 STAT. 974

PUBLIC LAW 108–79—SEPT. 4, 2003
maintenance, and operation; race relations; poverty; unemployment and homelessness. The effectiveness and efficiency of
these federally funded grant programs are compromised by
the failure of State officials to adopt policies and procedures
that reduce the incidence of prison rape in that the high
incidence of prison rape—
(A) increases the costs incurred by Federal, State, and
local jurisdictions to administer their prison systems;
(B) increases the levels of violence, directed at inmates
and at staff, within prisons;
(C) increases health care expenditures, both inside and
outside of prison systems, and reduces the effectiveness
of disease prevention programs by substantially increasing
the incidence and spread of HIV, AIDS, tuberculosis, hepatitis B and C, and other diseases;
(D) increases mental health care expenditures, both
inside and outside of prison systems, by substantially
increasing the rate of post-traumatic stress disorder,
depression, suicide, and the exacerbation of existing mental
illnesses among current and former inmates;
(E) increases the risks of recidivism, civil strife, and
violent crime by individuals who have been brutalized by
prison rape; and
(F) increases the level of interracial tensions and strife
within prisons and, upon release of perpetrators and victims, in the community at large.
(15) The high incidence of prison rape has a significant
effect on interstate commerce because it increases
substantially—
(A) the costs incurred by Federal, State, and local
jurisdictions to administer their prison systems;
(B) the incidence and spread of HIV, AIDS, tuberculosis, hepatitis B and C, and other diseases, contributing
to increased health and medical expenditures throughout
the Nation;
(C) the rate of post-traumatic stress disorder, depression, suicide, and the exacerbation of existing mental illnesses among current and former inmates, contributing
to increased health and medical expenditures throughout
the Nation; and
(D) the risk of recidivism, civil strife, and violent crime
by individuals who have been brutalized by prison rape.

42 USC 15602.

SEC. 3. PURPOSES.

The purposes of this Act are to—
(1) establish a zero-tolerance standard for the incidence
of prison rape in prisons in the United States;
(2) make the prevention of prison rape a top priority in
each prison system;
(3) develop and implement national standards for the detection, prevention, reduction, and punishment of prison rape;
(4) increase the available data and information on the
incidence of prison rape, consequently improving the management and administration of correctional facilities;
(5) standardize the definitions used for collecting data on
the incidence of prison rape;

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117 STAT. 975

(6) increase the accountability of prison officials who fail
to detect, prevent, reduce, and punish prison rape;
(7) protect the Eighth Amendment rights of Federal, State,
and local prisoners;
(8) increase the efficiency and effectiveness of Federal
expenditures through grant programs such as those dealing
with health care; mental health care; disease prevention; crime
prevention, investigation, and prosecution; prison construction,
maintenance, and operation; race relations; poverty; unemployment; and homelessness; and
(9) reduce the costs that prison rape imposes on interstate
commerce.
SEC. 4. NATIONAL PRISON RAPE STATISTICS, DATA, AND RESEARCH.

42 USC 15603.

(a) ANNUAL COMPREHENSIVE STATISTICAL REVIEW.—
(1) IN GENERAL.—The Bureau of Justice Statistics of the
Department of Justice (in this section referred to as the
‘‘Bureau’’) shall carry out, for each calendar year, a comprehensive statistical review and analysis of the incidence and effects
of prison rape. The statistical review and analysis shall include,
but not be limited to the identification of the common characteristics of—
(A) both victims and perpetrators of prison rape; and
(B) prisons and prison systems with a high incidence
of prison rape.
(2) CONSIDERATIONS.—In carrying out paragraph (1), the
Bureau shall consider—
(A) how rape should be defined for the purposes of
the statistical review and analysis;
(B) how the Bureau should collect information about
staff-on-inmate sexual assault;
(C) how the Bureau should collect information beyond
inmate self-reports of prison rape;
(D) how the Bureau should adjust the data in order
to account for differences among prisons as required by
subsection (c)(3);
(E) the categorization of prisons as required by subsection (c)(4); and
(F) whether a preliminary study of prison rape should
be conducted to inform the methodology of the comprehensive statistical review.
(3) SOLICITATION OF VIEWS.—The Bureau of Justice Statistics shall solicit views from representatives of the following:
State departments of correction; county and municipal jails;
juvenile correctional facilities; former inmates; victim advocates; researchers; and other experts in the area of sexual
assault.
(4) SAMPLING TECHNIQUES.—The review and analysis under
paragraph (1) shall be based on a random sample, or other
scientifically appropriate sample, of not less than 10 percent
of all Federal, State, and county prisons, and a representative
sample of municipal prisons. The selection shall include at
least one prison from each State. The selection of facilities
for sampling shall be made at the latest practicable date prior
to conducting the surveys and shall not be disclosed to any
facility or prison system official prior to the time period studied
in the survey. Selection of a facility for sampling during any

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117 STAT. 976

Confidentiality.

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PUBLIC LAW 108–79—SEPT. 4, 2003
year shall not preclude its selection for sampling in any subsequent year.
(5) SURVEYS.—In carrying out the review and analysis
under paragraph (1), the Bureau shall, in addition to such
other methods as the Bureau considers appropriate, use surveys
and other statistical studies of current and former inmates
from a sample of Federal, State, county, and municipal prisons.
The Bureau shall ensure the confidentiality of each survey
participant.
(6) PARTICIPATION IN SURVEY.—Federal, State, or local officials or facility administrators that receive a request from the
Bureau under subsection (a)(4) or (5) will be required to participate in the national survey and provide access to any inmates
under their legal custody.
(b) REVIEW PANEL ON PRISON RAPE.—
(1) ESTABLISHMENT.—To assist the Bureau in carrying out
the review and analysis under subsection (a), there is established, within the Department of Justice, the Review Panel
on Prison Rape (in this section referred to as the ‘‘Panel’’).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Panel shall be composed of
3 members, each of whom shall be appointed by the
Attorney General, in consultation with the Secretary of
Health and Human Services.
(B) QUALIFICATIONS.—Members of the Panel shall be
selected from among individuals with knowledge or expertise in matters to be studied by the Panel.
(3) PUBLIC HEARINGS.—
(A) IN GENERAL.—The duty of the Panel shall be to
carry out, for each calendar year, public hearings concerning the operation of the three prisons with the highest
incidence of prison rape and the two prisons with the
lowest incidence of prison rape in each category of facilities
identified under subsection (c)(4). The Panel shall hold
a separate hearing regarding the three Federal or State
prisons with the highest incidence of prison rape. The
purpose of these hearings shall be to collect evidence to
aid in the identification of common characteristics of both
victims and perpetrators of prison rape, and the identification of common characteristics of prisons and prison systems with a high incidence of prison rape, and the identification of common characteristics of prisons and prison
systems that appear to have been successful in deterring
prison rape.
(B) TESTIMONY AT HEARINGS.—
(i) PUBLIC OFFICIALS.—In carrying out the hearings
required under subparagraph (A), the Panel shall
request the public testimony of Federal, State, and
local officials (and organizations that represent such
officials), including the warden or director of each
prison, who bears responsibility for the prevention,
detection, and punishment of prison rape at each
entity, and the head of the prison system encompassing
such prison.
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117 STAT. 977

such victims, and other appropriate individuals and
organizations.
(C) SUBPOENAS.—
(i) ISSUANCE.—The Panel may issue subpoenas for
the attendance of witnesses and the production of written or other matter.
(ii) ENFORCEMENT.—In the case of contumacy or
refusal to obey a subpoena, the Attorney General may
in a Federal court of appropriate jurisdiction obtain
an appropriate order to enforce the subpoena.
(c) REPORTS.—
(1) IN GENERAL.—Not later than June 30 of each year,
the Attorney General shall submit a report on the activities
of the Bureau and the Review Panel, with respect to prison
rape, for the preceding calendar year to—
(A) Congress; and
(B) the Secretary of Health and Human Services.
(2) CONTENTS.—The report required under paragraph (1)
shall include—
(A) with respect to the effects of prison rape, statistical,
sociological, and psychological data;
(B) with respect to the incidence of prison rape—
(i) statistical data aggregated at the Federal, State,
prison system, and prison levels;
(ii) a listing of those institutions in the representative sample, separated into each category identified
under subsection (c)(4) and ranked according to the
incidence of prison rape in each institution; and
(iii) an identification of those institutions in the
representative sample that appear to have been
successful in deterring prison rape; and
(C) a listing of any prisons in the representative sample
that did not cooperate with the survey conducted pursuant
to section 4.
(3) DATA ADJUSTMENTS.—In preparing the information
specified in paragraph (2), the Attorney General shall use established statistical methods to adjust the data as necessary to
account for differences among institutions in the representative
sample, which are not related to the detection, prevention,
reduction and punishment of prison rape, or which are outside
the control of the State, prison, or prison system, in order
to provide an accurate comparison among prisons. Such differences may include the mission, security level, size, and jurisdiction under which the prison operates. For each such adjustment made, the Attorney General shall identify and explain
such adjustment in the report.
(4) CATEGORIZATION OF PRISONS.—The report shall divide
the prisons surveyed into three categories. One category shall
be composed of all Federal and State prisons. The other two
categories shall be defined by the Attorney General in order
to compare similar institutions.
(d) CONTRACTS AND GRANTS.—In carrying out its duties under
this section, the Attorney General may—
(1) provide grants for research through the National
Institute of Justice; and
(2) contract with or provide grants to any other entity
the Attorney General deems appropriate.

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117 STAT. 978

PUBLIC LAW 108–79—SEPT. 4, 2003

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $15,000,000 for each of fiscal years 2004 through
2010 to carry out this section.
42 USC 15604.
Establishment.

Deadline.

42 USC 15605.

SEC. 5. PRISON RAPE PREVENTION AND PROSECUTION.

(a) INFORMATION AND ASSISTANCE.—
(1) NATIONAL CLEARINGHOUSE.—There is established within
the National Institute of Corrections a national clearinghouse
for the provision of information and assistance to Federal,
State, and local authorities responsible for the prevention,
investigation, and punishment of instances of prison rape.
(2) TRAINING AND EDUCATION.—The National Institute of
Corrections shall conduct periodic training and education programs for Federal, State, and local authorities responsible for
the prevention, investigation, and punishment of instances of
prison rape.
(b) REPORTS.—
(1) IN GENERAL.—Not later than September 30 of each
year, the National Institute of Corrections shall submit a report
to Congress and the Secretary of Health and Human Services.
This report shall be available to the Director of the Bureau
of Justice Statistics.
(2) CONTENTS.—The report required under paragraph (1)
shall summarize the activities of the Department of Justice
regarding prison rape abatement for the preceding calendar
year.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $5,000,000 for each of fiscal years 2004 through
2010 to carry out this section.
SEC. 6. GRANTS TO PROTECT INMATES AND SAFEGUARD COMMUNITIES.

(a) GRANTS AUTHORIZED.—From amounts made available for
grants under this section, the Attorney General shall make grants
to States to assist those States in ensuring that budgetary circumstances (such as reduced State and local spending on prisons)
do not compromise efforts to protect inmates (particularly from
prison rape) and to safeguard the communities to which inmates
return. The purpose of grants under this section shall be to provide
funds for personnel, training, technical assistance, data collection,
and equipment to prevent and prosecute prisoner rape.
(b) USE OF GRANT AMOUNTS.—Amounts received by a grantee
under this section may be used by the grantee, directly or through
subgrants, only for one or more of the following activities:
(1) PROTECTING INMATES.—Protecting inmates by—
(A) undertaking efforts to more effectively prevent
prison rape;
(B) investigating incidents of prison rape; or
(C) prosecuting incidents of prison rape.
(2) SAFEGUARDING COMMUNITIES.—Safeguarding communities by—
(A) making available, to officials of State and local
governments who are considering reductions to prison
budgets, training and technical assistance in successful
methods for moderating the growth of prison populations
without compromising public safety, including successful
methods used by other jurisdictions;

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117 STAT. 979

(B) developing and utilizing analyses of prison populations and risk assessment instruments that will improve
State and local governments’ understanding of risks to
the community regarding release of inmates in the prison
population;
(C) preparing maps demonstrating the concentration,
on a community-by-community basis, of inmates who have
been released, to facilitate the efficient and effective—
(i) deployment of law enforcement resources
(including probation and parole resources); and
(ii) delivery of services (such as job training and
substance abuse treatment) to those released inmates;
(D) promoting collaborative efforts, among officials of
State and local governments and leaders of appropriate
communities, to understand and address the effects on
a community of the presence of a disproportionate number
of released inmates in that community; or
(E) developing policies and programs that reduce
spending on prisons by effectively reducing rates of parole
and probation revocation without compromising public
safety.
(c) GRANT REQUIREMENTS.—
(1) PERIOD.—A grant under this section shall be made
for a period of not more than 2 years.
(2) MAXIMUM.—The amount of a grant under this section
may not exceed $1,000,000.
(3) MATCHING.—The Federal share of a grant under this
section may not exceed 50 percent of the total costs of the
project described in the application submitted under subsection
(d) for the fiscal year for which the grant was made under
this section.
(d) APPLICATIONS.—
(1) IN GENERAL.—To request a grant under this section,
the chief executive of a State shall submit an application to
the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may
require.
(2) CONTENTS.—Each application required by paragraph
(1) shall—
(A) include the certification of the chief executive that
the State receiving such grant—
(i) has adopted all national prison rape standards
that, as of the date on which the application was
submitted, have been promulgated under this Act; and
(ii) will consider adopting all national prison rape
standards that are promulgated under this Act after
such date;
(B) specify with particularity the preventative, prosecutorial, or administrative activities to be undertaken by
the State with the amounts received under the grant; and
(C) in the case of an application for a grant for one
or more activities specified in paragraph (2) of subsection
(b)—
(i) review the extent of the budgetary circumstances affecting the State generally and describe
how those circumstances relate to the State’s prisons;

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(ii) describe the rate of growth of the State’s prison
population over the preceding 10 years and explain
why the State may have difficulty sustaining that rate
of growth; and
(iii) explain the extent to which officials (including
law enforcement officials) of State and local governments and victims of crime will be consulted regarding
decisions whether, or how, to moderate the growth
of the State’s prison population.
(e) REPORTS BY GRANTEE.—
(1) IN GENERAL.—The Attorney General shall require each
grantee to submit, not later than 90 days after the end of
the period for which the grant was made under this section,
a report on the activities carried out under the grant. The
report shall identify and describe those activities and shall
contain an evaluation of the effect of those activities on—
(A) the number of incidents of prison rape, and the
grantee’s response to such incidents; and
(B) the safety of the prisons, and the safety of the
communities in which released inmates are present.
(2) DISSEMINATION.—The Attorney General shall ensure
that each report submitted under paragraph (1) is made available under the national clearinghouse established under section
5.
(f) STATE DEFINED.—In this section, the term ‘‘State’’ includes
the District of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United States.
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
for grants under this section $40,000,000 for each of fiscal
years 2004 through 2010.
(2) LIMITATION.—Of amounts made available for grants
under this section, not less than 50 percent shall be available
only for activities specified in paragraph (1) of subsection (b).

Deadline.

42 USC 15606.

President.

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PUBLIC LAW 108–79—SEPT. 4, 2003

SEC. 7. NATIONAL PRISON RAPE REDUCTION COMMISSION.

(a) ESTABLISHMENT.—There is established a commission to be
known as the National Prison Rape Reduction Commission (in
this section referred to as the ‘‘Commission’’).
(b) MEMBERS.—
(1) IN GENERAL.—The Commission shall be composed of
9 members, of whom—
(A) 3 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the House
of Representatives, unless the Speaker is of the same party
as the President, in which case 1 shall be appointed by
the Speaker of the House of Representatives and 1 shall
be appointed by the minority leader of the House of Representatives;
(C) 1 shall be appointed by the minority leader of
the House of Representatives (in addition to any appointment made under subparagraph (B));
(D) 2 shall be appointed by the majority leader of
the Senate, unless the majority leader is of the same party
as the President, in which case 1 shall be appointed by
the majority leader of the Senate and 1 shall be appointed
by the minority leader of the Senate; and

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(E) 1 member appointed by the minority leader of
the Senate (in addition to any appointment made under
subparagraph (D)).
(2) PERSONS ELIGIBLE.—Each member of the Commission
shall be an individual who has knowledge or expertise in matters to be studied by the Commission.
(3) CONSULTATION REQUIRED.—The President, the Speaker
and minority leader of the House of Representatives, and the
majority leader and minority leader of the Senate shall consult
with one another prior to the appointment of the members
of the Commission to achieve, to the maximum extent possible,
fair and equitable representation of various points of view
with respect to the matters to be studied by the Commission.
(4) TERM.—Each member shall be appointed for the life
of the Commission.
(5) TIME FOR INITIAL APPOINTMENTS.—The appointment of
the members shall be made not later than 60 days after the
date of enactment of this Act.
(6) VACANCIES.—A vacancy in the Commission shall be
filled in the manner in which the original appointment was
made, and shall be made not later than 60 days after the
date on which the vacancy occurred.
(c) OPERATION.—
(1) CHAIRPERSON.—Not later than 15 days after appointments of all the members are made, the President shall appoint
a chairperson for the Commission from among its members.
(2) MEETINGS.—The Commission shall meet at the call
of the chairperson. The initial meeting of the Commission shall
take place not later than 30 days after the initial appointment
of the members is completed.
(3) QUORUM.—A majority of the members of the Commission shall constitute a quorum to conduct business, but the
Commission may establish a lesser quorum for conducting
hearings scheduled by the Commission.
(4) RULES.—The Commission may establish by majority
vote any other rules for the conduct of Commission business,
if such rules are not inconsistent with this Act or other
applicable law.
(d) COMPREHENSIVE STUDY OF THE IMPACTS OF PRISON RAPE.—
(1) IN GENERAL.—The Commission shall carry out a comprehensive legal and factual study of the penalogical, physical,
mental, medical, social, and economic impacts of prison rape
in the United States on—
(A) Federal, State, and local governments; and
(B) communities and social institutions generally,
including individuals, families, and businesses within such
communities and social institutions.
(2) MATTERS INCLUDED.—The study under paragraph (1)
shall include—
(A) a review of existing Federal, State, and local
government policies and practices with respect to the
prevention, detection, and punishment of prison rape;
(B) an assessment of the relationship between prison
rape and prison conditions, and of existing monitoring,
regulatory, and enforcement practices that are intended
to address any such relationship;

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Deadline.

Deadline.
President.

Deadline.

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Attachment 1 - Public Law 108-79

117 STAT. 982

(C) an assessment of pathological or social causes of
prison rape;
(D) an assessment of the extent to which the incidence
of prison rape contributes to the spread of sexually transmitted diseases and to the transmission of HIV;
(E) an assessment of the characteristics of inmates
most likely to commit prison rape and the effectiveness
of various types of treatment or programs to reduce such
likelihood;
(F) an assessment of the characteristics of inmates
most likely to be victims of prison rape and the effectiveness
of various types of treatment or programs to reduce such
likelihood;
(G) an assessment of the impacts of prison rape on
individuals, families, social institutions and the economy
generally, including an assessment of the extent to which
the incidence of prison rape contributes to recidivism and
to increased incidence of sexual assault;
(H) an examination of the feasibility and cost of conducting surveillance, undercover activities, or both, to
reduce the incidence of prison rape;
(I) an assessment of the safety and security of prison
facilities and the relationship of prison facility construction
and design to the incidence of prison rape;
(J) an assessment of the feasibility and cost of any
particular proposals for prison reform;
(K) an identification of the need for additional scientific
and social science research on the prevalence of prison
rape in Federal, State, and local prisons;
(L) an assessment of the general relationship between
prison rape and prison violence;
(M) an assessment of the relationship between prison
rape and levels of training, supervision, and discipline of
prison staff; and
(N) an assessment of existing Federal and State systems for reporting incidents of prison rape, including an
assessment of whether existing systems provide an adequate assurance of confidentiality, impartiality and the
absence of reprisal.
(3) REPORT.—
(A) DISTRIBUTION.—Not later than 2 years after the
date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under
this subsection to—
(i) the President;
(ii) the Congress;
(iii) the Attorney General;
(iv) the Secretary of Health and Human Services;
(v) the Director of the Federal Bureau of Prisons;
(vi) the chief executive of each State; and
(vii) the head of the department of corrections
of each State.
(B) CONTENTS.—The report under subparagraph (A)
shall include—
(i) the findings and conclusions of the Commission;
(ii) recommended national standards for reducing
prison rape;

Deadline.

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Attachment 1 - Public Law 108-79

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117 STAT. 983

(iii) recommended protocols for preserving evidence
and treating victims of prison rape; and
(iv) a summary of the materials relied on by the
Commission in the preparation of the report.
(e) RECOMMENDATIONS.—
(1) IN GENERAL.—In conjunction with the report submitted
under subsection (d)(3), the Commission shall provide the
Attorney General and the Secretary of Health and Human
Services with recommended national standards for enhancing
the detection, prevention, reduction, and punishment of prison
rape.
(2) MATTERS INCLUDED.—The information provided under
paragraph (1) shall include recommended national standards
relating to—
(A) the classification and assignment of prisoners,
using proven standardized instruments and protocols, in
a manner that limits the occurrence of prison rape;
(B) the investigation and resolution of rape complaints
by responsible prison authorities, local and State police,
and Federal and State prosecution authorities;
(C) the preservation of physical and testimonial evidence for use in an investigation of the circumstances
relating to the rape;
(D) acute-term trauma care for rape victims, including
standards relating to—
(i) the manner and extent of physical examination
and treatment to be provided to any rape victim; and
(ii) the manner and extent of any psychological
examination, psychiatric care, medication, and mental
health counseling to be provided to any rape victim;
(E) referrals for long-term continuity of care for rape
victims;
(F) educational and medical testing measures for
reducing the incidence of HIV transmission due to prison
rape;
(G) post-rape prophylactic medical measures for
reducing the incidence of transmission of sexual diseases;
(H) the training of correctional staff sufficient to ensure
that they understand and appreciate the significance of
prison rape and the necessity of its eradication;
(I) the timely and comprehensive investigation of staff
sexual misconduct involving rape or other sexual assault
on inmates;
(J) ensuring the confidentiality of prison rape complaints and protecting inmates who make complaints of
prison rape;
(K) creating a system for reporting incidents of prison
rape that will ensure the confidentiality of prison rape
complaints, protect inmates who make prison rape complaints from retaliation, and assure the impartial resolution
of prison rape complaints;
(L) data collection and reporting of—
(i) prison rape;
(ii) prison staff sexual misconduct; and
(iii) the resolution of prison rape complaints by
prison officials and Federal, State, and local investigation and prosecution authorities; and

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Attachment 1 - Public Law 108-79

117 STAT. 984

PUBLIC LAW 108–79—SEPT. 4, 2003

(M) such other matters as may reasonably be related
to the detection, prevention, reduction, and punishment
of prison rape.
(3) LIMITATION.—The Commission shall not propose a recommended standard that would impose substantial additional
costs compared to the costs presently expended by Federal,
State, and local prison authorities.
(f) CONSULTATION WITH ACCREDITATION ORGANIZATIONS.—In
developing recommended national standards for enhancing the
detection, prevention, reduction, and punishment of prison rape,
the Commission shall consider any standards that have already
been developed, or are being developed simultaneously to the deliberations of the Commission. The Commission shall consult with
accreditation organizations responsible for the accreditation of Federal, State, local or private prisons, that have developed or are
currently developing standards related to prison rape. The Commission will also consult with national associations representing the
corrections profession that have developed or are currently developing standards related to prison rape.
(g) HEARINGS.—
(1) IN GENERAL.—The Commission shall hold public
hearings. The Commission may hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry
out its duties under this section.
(2) WITNESS EXPENSES.—Witnesses requested to appear
before the Commission shall be paid the same fees as are
paid to witnesses under section 1821 of title 28, United States
Code. The per diem and mileage allowances for witnesses shall
be paid from funds appropriated to the Commission.
(h) INFORMATION FROM FEDERAL OR STATE AGENCIES.—The
Commission may secure directly from any Federal department or
agency such information as the Commission considers necessary
to carry out its duties under this section. The Commission may
request the head of any State or local department or agency to
furnish such information to the Commission.
(i) PERSONNEL MATTERS.—
(1) TRAVEL EXPENSES.—The members of the Commission
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of service for the Commission.
(2) DETAIL OF FEDERAL EMPLOYEES.—With the affirmative
vote of 2⁄3 of the Commission, any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status, benefits, or privileges.
(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—Upon the request of the Commission, the Attorney General shall provide reasonable and appropriate office space, supplies, and administrative assistance.
(j) CONTRACTS FOR RESEARCH.—
(1) NATIONAL INSTITUTE OF JUSTICE.—With a 2⁄3 affirmative
vote, the Commission may select nongovernmental researchers
and experts to assist the Commission in carrying out its duties

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Attachment 1 - Public Law 108-79

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117 STAT. 985

under this Act. The National Institute of Justice shall contract
with the researchers and experts selected by the Commission
to provide funding in exchange for their services.
(2) OTHER ORGANIZATIONS.—Nothing in this subsection
shall be construed to limit the ability of the Commission to
enter into contracts with other entities or organizations for
research necessary to carry out the duties of the Commission
under this section.
(k) SUBPOENAS.—
(1) ISSUANCE.—The Commission may issue subpoenas for
the attendance of witnesses and the production of written or
other matter.
(2) ENFORCEMENT.—In the case of contumacy or refusal
to obey a subpoena, the Attorney General may in a Federal
court of appropriate jurisdiction obtain an appropriate order
to enforce the subpoena.
(3) CONFIDENTIALITY OF DOCUMENTARY EVIDENCE.—Documents provided to the Commission pursuant to a subpoena
issued under this subsection shall not be released publicly
without the affirmative vote of 2⁄3 of the Commission.
(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
(m) TERMINATION.—The Commission shall terminate on the
date that is 60 days after the date on which the Commission
submits the reports required by this section.
(n) EXEMPTION.—The Commission shall be exempt from the
Federal Advisory Committee Act.
SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS.

(a) PUBLICATION OF PROPOSED STANDARDS.—
(1) FINAL RULE.—Not later than 1 year after receiving
the report specified in section 7(d)(3), the Attorney General
shall publish a final rule adopting national standards for the
detection, prevention, reduction, and punishment of prison rape.
(2) INDEPENDENT JUDGMENT.—The standards referred to
in paragraph (1) shall be based upon the independent judgment
of the Attorney General, after giving due consideration to the
recommended national standards provided by the Commission
under section 7(e), and being informed by such data, opinions,
and proposals that the Attorney General determines to be
appropriate to consider.
(3) LIMITATION.—The Attorney General shall not establish
a national standard under this section that would impose
substantial additional costs compared to the costs presently
expended by Federal, State, and local prison authorities. The
Attorney General may, however, provide a list of improvements
for consideration by correctional facilities.
(4) TRANSMISSION TO STATES.—Within 90 days of publishing
the final rule under paragraph (1), the Attorney General shall
transmit the national standards adopted under such paragraph
to the chief executive of each State, the head of the department
of corrections of each State, and to the appropriate authorities
in those units of local government who oversee operations in
one or more prisons.
(b) APPLICABILITY TO FEDERAL BUREAU OF PRISONS.—The
national standards referred to in subsection (a) shall apply to the

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Deadlines.
42 USC 15607.

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117 STAT. 986

Deadline.

Procedures.

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PUBLIC LAW 108–79—SEPT. 4, 2003

Federal Bureau of Prisons immediately upon adoption of the final
rule under subsection (a)(4).
(c) ELIGIBILITY FOR FEDERAL FUNDS.—
(1) COVERED PROGRAMS.—
(A) IN GENERAL.—For purposes of this subsection, a
grant program is covered by this subsection if, and only
if—
(i) the program is carried out by or under the
authority of the Attorney General; and
(ii) the program may provide amounts to States
for prison purposes.
(B) LIST.—For each fiscal year, the Attorney General
shall prepare a list identifying each program that meets
the criteria of subparagraph (A) and provide that list to
each State.
(2) ADOPTION OF NATIONAL STANDARDS.—For each fiscal
year, any amount that a State would otherwise receive for
prison purposes for that fiscal year under a grant program
covered by this subsection shall be reduced by 5 percent, unless
the chief executive of the State submits to the Attorney
General—
(A) a certification that the State has adopted, and
is in full compliance with, the national standards described
in section 8(a); or
(B) an assurance that not less than 5 percent of such
amount shall be used only for the purpose of enabling
the State to adopt, and achieve full compliance with, those
national standards, so as to ensure that a certification
under subparagraph (A) may be submitted in future years.
(3) REPORT ON NONCOMPLIANCE.—Not later than September
30 of each year, the Attorney General shall publish a report
listing each grantee that is not in compliance with the national
standards adopted pursuant to section 8(a).
(4) COOPERATION WITH SURVEY.—For each fiscal year, any
amount that a State receives for that fiscal year under a
grant program covered by this subsection shall not be used
for prison purposes (and shall be returned to the grant program
if no other authorized use is available), unless the chief executive of the State submits to the Attorney General a certification
that neither the State, nor any political subdivision or unit
of local government within the State, is listed in a report
issued by the Attorney General pursuant to section 4(c)(2)(C).
(5) REDISTRIBUTION OF AMOUNTS.—Amounts under a grant
program not granted by reason of a reduction under paragraph
(2), or returned by reason of the prohibition in paragraph
(4), shall be granted to one or more entities not subject to
such reduction or such prohibition, subject to the other laws
governing that program.
(6) IMPLEMENTATION.—The Attorney General shall establish procedures to implement this subsection, including procedures for effectively applying this subsection to discretionary
grant programs.
(7) EFFECTIVE DATE.—
(A) REQUIREMENT OF ADOPTION OF STANDARDS.—The
first grants to which paragraph (2) applies are grants for
the second fiscal year beginning after the date on which
the national standards under section 8(a) are finalized.

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Attachment 1 - Public Law 108-79

PUBLIC LAW 108–79—SEPT. 4, 2003

117 STAT. 987

(B) REQUIREMENT FOR COOPERATION.—The first grants
to which paragraph (4) applies are grants for the fiscal
year beginning after the date of the enactment of this
Act.
SEC. 9. REQUIREMENT
THAT
ACCREDITATION
ADOPT ACCREDITATION STANDARDS.

ORGANIZATIONS

(a) ELIGIBILITY FOR FEDERAL GRANTS.—Notwithstanding any
other provision of law, an organization responsible for the accreditation of Federal, State, local, or private prisons, jails, or other penal
facilities may not receive any new Federal grants during any period
in which such organization fails to meet any of the requirements
of subsection (b).
(b) REQUIREMENTS.—To be eligible to receive Federal grants,
an accreditation organization referred to in subsection (a) must
meet the following requirements:
(1) At all times after 90 days after the date of enactment
of this Act, the organization shall have in effect, for each
facility that it is responsible for accrediting, accreditation standards for the detection, prevention, reduction, and punishment
of prison rape.
(2) At all times after 1 year after the date of the adoption
of the final rule under section 8(a)(4), the organization shall,
in addition to any other such standards that it may promulgate
relevant to the detection, prevention, reduction, and punishment of prison rape, adopt accreditation standards consistent
with the national standards adopted pursuant to such final
rule.
SEC. 10. DEFINITIONS.

42 USC 15608.

Deadlines.

42 USC 15609.

In this Act, the following definitions shall apply:
(1) CARNAL KNOWLEDGE.—The term ‘‘carnal knowledge’’
means contact between the penis and the vulva or the penis
and the anus, including penetration of any sort, however slight.
(2) INMATE.—The term ‘‘inmate’’ means any person incarcerated or detained in any facility who is accused of, convicted
of, sentenced for, or adjudicated delinquent for, violations of
criminal law or the terms and conditions of parole, probation,
pretrial release, or diversionary program.
(3) JAIL.—The term ‘‘jail’’ means a confinement facility
of a Federal, State, or local law enforcement agency to hold—
(A) persons pending adjudication of criminal charges;
or
(B) persons committed to confinement after adjudication of criminal charges for sentences of 1 year or less.
(4) HIV.—The term ‘‘HIV’’ means the human immunodeficiency virus.
(5) ORAL SODOMY.—The term ‘‘oral sodomy’’ means contact
between the mouth and the penis, the mouth and the vulva,
or the mouth and the anus.
(6) POLICE LOCKUP.—The term ‘‘police lockup’’ means a
temporary holding facility of a Federal, State, or local law
enforcement agency to hold—
(A) inmates pending bail or transport to jail;
(B) inebriates until ready for release; or
(C) juveniles pending parental custody or shelter placement.

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Attachment 1 - Public Law 108-79

117 STAT. 988

PUBLIC LAW 108–79—SEPT. 4, 2003
(7) PRISON.—The term ‘‘prison’’ means any confinement
facility of a Federal, State, or local government, whether
administered by such government or by a private organization
on behalf of such government, and includes—
(A) any local jail or police lockup; and
(B) any juvenile facility used for the custody or care
of juvenile inmates.
(8) PRISON RAPE.—The term ‘‘prison rape’’ includes the
rape of an inmate in the actual or constructive control of
prison officials.
(9) RAPE.—The term ‘‘rape’’ means—
(A) the carnal knowledge, oral sodomy, sexual assault
with an object, or sexual fondling of a person, forcibly
or against that person’s will;
(B) the carnal knowledge, oral sodomy, sexual assault
with an object, or sexual fondling of a person not forcibly
or against the person’s will, where the victim is incapable
of giving consent because of his or her youth or his or
her temporary or permanent mental or physical incapacity;
or
(C) the carnal knowledge, oral sodomy, sexual assault
with an object, or sexual fondling of a person achieved
through the exploitation of the fear or threat of physical
violence or bodily injury.
(10) SEXUAL ASSAULT WITH AN OBJECT.—The term ‘‘sexual
assault with an object’’ means the use of any hand, finger,
object, or other instrument to penetrate, however slightly, the
genital or anal opening of the body of another person.
(11) SEXUAL FONDLING.—The term ‘‘sexual fondling’’ means
the touching of the private body parts of another person
(including the genitalia, anus, groin, breast, inner thigh, or
buttocks) for the purpose of sexual gratification.
(12) EXCLUSIONS.—The terms and conditions described in
paragraphs (9) and (10) shall not apply to—
(A) custodial or medical personnel gathering physical
evidence, or engaged in other legitimate medical treatment,
in the course of investigating prison rape;
(B) the use of a health care provider’s hands or fingers
or the use of medical devices in the course of appropriate
medical treatment unrelated to prison rape; or

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Attachment 1 - Public Law 108-79

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117 STAT. 989

(C) the use of a health care provider’s hands or fingers
and the use of instruments to perform body cavity searches
in order to maintain security and safety within the prison
or detention facility, provided that the search is conducted
in a manner consistent with constitutional requirements.
Approved September 4, 2003.

LEGISLATIVE HISTORY—S. 1435:
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 21, considered and passed Senate.
July 25, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Sept. 4, Presidential statement.

Æ

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Attachment 2
Questionnaires

Attachment 2 - SSV-1
OMB No. 1121-0292: Approval Expires XXXXXXXX
U.S. DEPARTMENT OF JUSTICE

SSV-1

FORM
(3-6-2014)

BUREAU OF JUSTICE STATISTICS

SURVEY OF SEXUAL VICTIMIZATION, 2013
Federal Bureau of Prisons
Summary Form

AND ACTING AS COLLECTION AGENT

U.S. DEPT. OF COMMERCE
Economics and Statistics Administration

U.S. CENSUS BUREAU

DATA SUPPLIED BY

TELEPHONE
E-MAIL
ADDRESS

City

Number and street or P.O. Box/Route Number
Area code

Number

FAX
NUMBER

State

▼

OFFICIAL
ADDRESS

Title

▼▼▼

Name

Area Code

ZIP Code
Number

(Please correct any error in name, mailing address, and ZIP Code)

What facilities are included in this data collection?
All confinement facilities operated by the Federal Bureau of
Prisons.
• INCLUDE prisons, penitentiaries, and correctional
institutions; boot camps; community correction facilities;
halfway houses; prison farms; reception, diagnostic, and
classification centers; road camps; forestry and
conservation camps; vocational training facilities; prison
hospitals; and drug and alcohol treatment facilities for
prisoners.
• EXCLUDE privately-operated facilities. (These
facilities will be contacted directly for data on
sexual victimization.)
What inmates and incidents are included in this
data collection?
Inmates under your custody between January 1, 2013, and
December 31, 2013.
• INCLUDE incidents involving inmates under the
authority, custody, or care of your confinement or
community-based facilities or staff.
• EXCLUDE incidents involving inmates held in
local jails and facilities in other jurisdictions.

Reporting instructions:
•
•
•
•

Please complete the entire SSV-1 Form.
If the answer to a question is "not available" or "unknown,"
write "DK" (do not know) in the space provided.
If the answer to a question is "not applicable," write "NA"
in the space provided.
If the answer to a question is "none" or "zero," mark the
box ( X ) provided.

Substantiated incidents of sexual violence:
• Please complete an Incident Form (Adult, SSV-IA)
for each substantiated incident of sexual victimization.
Returning forms:
• If you need assistance, please call Greta Clark at the
U.S. Census Bureau toll–free at 1–800–253–2078, or
e-mail govs.ssv@census.gov
• Please return your completed questionnaire and
substantiated incident forms by September 1,
2014.
• You may complete these forms online (see
enclosed instructions). Or if you prefer, you may
return these forms by mail or fax.
• MAIL TO: U.S. Census Bureau, P.O. Box 5000,
Jeffersonville, IN 47199-5000
• FAX (TOLL FREE): 1–888–891–2099

Burden Statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it displays a currently valid OMB
control number. The burden of this collection is estimated to average 60 minutes per response, including reviewing instructions, searching
existing data sources, gathering necessary data, and completing and reviewing this form. Send comments regarding this burden estimate or
any aspect of this survey, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street,
NW, Washington, DC 20531. Do not send your completed form to this address.

Attachment 2 - SSV-1
Section I – INMATE–ON–INMATE SEXUAL VICTIMIZATION
DEFINITIONS

1. Does the Federal Bureau of Prisons record
allegations of inmate-on-inmate
NONCONSENSUAL SEXUAL ACTS?
01

The survey utilizes the definition of “sexual abuse” as
provided by 28 C.F.R. §115.6 in the National Standards to
Prevent, Detect, and Respond to Prison Rape (under the
Prison Rape Elimination Act of 2003). For purposes of SSV,
sexual abuse is disaggregated into three categories of
inmate-on-inmate sexual victimization. These categories are:

Yes ➔ a. Do you record all reported
occurrences, or only substantiated
ones?
01
All
02

Substantiated only

b. Do you record attempted
NONCONSENSUAL SEXUAL ACTS
or only completed ones?

NONCONSENSUAL SEXUAL ACTS
Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;
AND

02

No

01

Both attempted and completed

02

Completed only

➔ Please provide the definition used by the
Federal Bureau of Prisons for
inmate-on-inmate NONCONSENSUAL
SEXUAL ACTS in the space below. Use that
definition to complete Items 2 and 3.

• Contact between the penis and the vulva or the penis
and the anus including penetration, however slight;
OR
• Contact between the mouth and the penis, vulva, or
anus;
OR
• Penetration of the anal or genital opening of another
person, however slight, by a hand, finger, object, or
other instrument.

2. Between January 1, 2013, and December 31, 2013,
how many allegations of inmate-on-inmate
NONCONSENSUAL SEXUAL ACTS were reported?

ABUSIVE SEXUAL CONTACT
Number reported . . . . . .
Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;

• If an allegation involved multiple victimizations,
count only once.

AND
• Intentional touching, either directly or through the
clothing, of the genitalia, anus, groin, breast, inner thigh,
or buttocks of any person;
• Exclude incidents in which the contact was incidental to
a physical altercation.

None

• Exclude any allegations that were reported as
consensual.
3. Of the allegations reported in Item 2, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)
a. Substantiated . . . . . . .

SEXUAL HARASSMENT

None

• The event was investigated and determined to
have occurred, based on the preponderance of
evidence (28 C.F.R. §115.72).

Repeated and unwanted sexual advances, requests for
sexual favors, or verbal comments, gestures, or actions
of a derogatory or offensive sexual nature by one inmate
directed toward another.

b. Unsubstantiated . . . . .

None

• The investigation concluded that evidence was
insufficient to determine whether or not the event
occurred.
c. Unfounded . . . . . . . . . .

None

• The investigation determined that the event did NOT
occur.
d. Investigation ongoing .

None

• Evidence is still being gathered, processed or evaluated
and a final determination has not yet been made.
e. TOTAL (Sum of Items
3a through 3d) . . . . . . . . .

None

• The total should equal the number reported in Item 2.
FORM SSV-1 (3-6-2014)

Page 2

Attachment 2 - SSV-1

7. Does the Federal Bureau of Prisons record
allegations of inmate-on-inmate SEXUAL
HARASSMENT? (See definitions on page 2.)

4. Does the Federal Bureau of Prisons record
allegations of inmate-on-inmate ABUSIVE
SEXUAL CONTACT? (See definitions on page 2.)
01

Yes

➔ Can these be counted separately from

01

allegations of NONCONSENSUAL
SEXUAL ACTS?
01
02

02

No

Yes

Yes
No ➔ Skip to Item 7.

➔ Please provide an explanation in the space

02

below and then skip to Item 7.

allegations or only substantiated
ones?
01

All

02

Substantiated only

➔ Please provide an explanation in the space
below and then skip to Item 10.

5. Between January 1, 2013, and December 31, 2013,
how many allegations of inmate-on-inmate
ABUSIVE SEXUAL CONTACT were reported?

Number reported . . . . . .

No

➔ Do you record all reported

8. Between January 1, 2013, and December 31, 2013,
how many allegations of inmate-on-inmate
SEXUAL HARASSMENT were reported?

Number reported

None

......

None

• If an allegation involved multiple victimizations,
count only once.

• If an allegation involved multiple victims or
multiple inmate perpetrators, count only once.

• Exclude any allegations that were reported as
consensual.

• Exclude any allegations that were reported as
consensual.

6. Of the allegations reported in Item 5, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

9. Of the allegations reported in Item 8, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

a. Substantiated . . . . . . .

None

a. Substantiated

b. Unsubstantiated . . . . .

None

b. Unsubstantiated

....

None

c. Unfounded

.........

None

c. Unfounded . . . . . . . . .

None

d. Investigation ongoing .

None

d. Investigation ongoing

None

e. TOTAL (Sum of Items
6a through 6d) . . . . . . . . .

None

e. TOTAL (Sum of Items
9a through 9d) . . . . . . . .

None

None

• The total should equal the number reported in
Item 8.

• The total should equal the number reported in
Item 5.

FORM SSV-1 (3-6-2014)

......

Page 3

Attachment 2 - SSV-1
SECTION II – STAFF-ON-INMATE SEXUAL ABUSE
DEFINITIONS

10. Does the Federal Bureau of Prisons
record allegations of STAFF SEXUAL
MISCONDUCT?

The survey utilizes the definition of “sexual abuse” by a staff
member, contractor or volunteer as provided by 28 C.F.R.
§115.6 in the National Standards to Prevent, Detect, and
Respond to Prison Rape (under the Prison Rape Elimination
Act of 2003). For purposes of SSV, sexual abuse is
disaggregated into two categories of staff-on-inmate sexual
abuse. These categories are:

01

STAFF SEXUAL MISCONDUCT

02

Yes

No

➔ Do you record all reported

occurrences, or only substantiated
ones?
01

All

02

Substantiated only

➔ Please provide an explanation in the space
below and then skip to Item 13.

Any behavior or act of a sexual nature directed toward an
inmate by an employee, volunteer, contractor, official visitor or
other agency representative (exclude family, friends or other
visitors.) Sexual relationships of a romantic nature between
staff and inmates are included in this definition.
Consensual or nonconsensual sexual acts including:
• Intentional touching of the genitalia, anus, groin, breast,
inner thigh, or buttocks that is unrelated to official duties or
with the intent to abuse, arouse, or gratify sexual desire;
OR
• Completed, attempted, threatened, or requested sexual acts;
OR

11. Between January 1, 2013, and
December 31, 2013, how many allegations of
STAFF SEXUAL MISCONDUCT were reported?

• Occurrences of indecent exposure, invasion of privacy,
or staff voyeurism for reasons unrelated to official duties
or for sexual gratification.

Number reported . . . . . . .

None

• If an allegation involved multiple victims or staff,
count only once.

STAFF SEXUAL HARASSMENT
Repeated verbal statements, comments or gestures of a sexual
nature to an inmate by an employee, volunteer, contractor,
official visitor, or other agency representative (exclude family,
friends, or other visitors).

12. Of the allegations reported in Item 11, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

• Demeaning references to gender or derogatory
comments about body or clothing; sexually suggestive;

a. Substantiated . . . . . . .

None

b. Unsubstantiated . . . . .

None

c. Unfounded . . . . . . . . . .

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items
12a through 12d) . . . . . . .

None

OR
• Repeated profane or obscene language or gestures.

• The total should equal the number reported in
Item 11.

FORM SSV-1 (3-6-2014)

Page 4

Attachment 2 - SSV-1
Section III – TOTAL SUBSTANTIATED
INCIDENTS OF SEXUAL VICTIMIZATION

13. Does the Federal Bureau of Prisons record
allegations of STAFF SEXUAL HARASSMENT?
(See definitions on page 4.)
01

Yes

➔ Can these allegations be counted

16. What is the total number of substantiated
incidents reported Items 3a, 6a, 9a, 12a, and 15a?

separately from allegations of STAFF
SEXUAL MISCONDUCT?

02

No

01

Yes

02

No

➔ Skip to Item 16.

Total substantiated
incidents . . . . . . . . . . . .

➔

➔ Please provide an explanation in the space

Please complete an Incident Form (Adult,
SSV-IA) for each substantiated incident of
sexual victimization.

below and then skip to Item 16.

NOTES

14. Between January 1, 2013, and
December 31, 2013, how many allegations
of STAFF SEXUAL HARASSMENT were
reported?
Number reported

......

None

• If an allegation involved multiple victims or staff,
count only once.
15. Of the allegations reported in Item 14, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

a. Substantiated . . . . . . .

None

b. Unsubstantiated

....

None

.........

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items
15a through 15d) . . . . . . .

None

c. Unfounded

• The total should equal the number reported in
Item 14.

FORM SSV-1 (3-6-2014)

Page 5

None

Attachment 2 - SSV-2
OMB No. 1121-0292: Approval Expires XXXXXX
U.S. DEPARTMENT OF JUSTICE

SSV-2

FORM
(3-5-2014)

BUREAU OF JUSTICE STATISTICS

SURVEY OF SEXUAL VICTIMIZATION, 2013
State Prison Systems
Summary Form

AND ACTING AS COLLECTION AGENT

U.S. DEPT. OF COMMERCE
Economics and Statistics Administration

U.S. CENSUS BUREAU

DATA SUPPLIED BY

TELEPHONE
E-MAIL
ADDRESS

City

Number and street or P.O. Box/Route Number
Area code

Number

FAX
NUMBER

State

▼

OFFICIAL
ADDRESS

Title

▼▼▼

Name

Area Code

ZIP Code
Number

(Please correct any error in name, mailing address, and ZIP Code)

What facilities are included in this data collection?
All State-operated confinement facilities that are intended for
adults but sometimes hold juveniles.
• INCLUDE prisons, penitentiaries, and correctional
institutions; boot camps; community correction facilities;
halfway houses; prison farms; reception, diagnostic, and
classification centers; road camps; forestry and
conservation camps; vocational training facilities; prison
hospitals; and drug and alcohol treatment facilities for
prisoners.
• INCLUDE State-operated local detention facilities in
Alaska, Connecticut, Delaware, Hawaii, Rhode Island,
and Vermont.
• EXCLUDE privately operated facilities and
facilities operated and administered by local
governments. (These facilities will be
contacted directly for data on sexual
victimization.)
• EXCLUDE facilities that hold only juveniles. (These
facilities will be contacted directly for data on sexual
victimization.)
What inmates and incidents are included in this
data collection?
Inmates under your custody between January 1, 2013, and
December 31, 2013.
• INCLUDE incidents involving inmates under the
authority, custody, or care of your confinement or
community-based facilities or staff.

Reporting instructions:
•
•

Please complete the entire SSV-2 Form.
If the answer to a question is "not available" or "unknown,"
write "DK" (do not know) in the space provided.
• If the answer to a question is "not applicable," write "NA"
in the space provided.
• If the answer to a question is "none" or "zero," mark the
box ( X ) provided.
Substantiated incidents of sexual violence:
• Please complete an Incident Form (Adult, SSV-IA)
for each substantiated incident of sexual victimization.
Returning forms:
• If you need assistance, please call Greta Clark at the
U.S. Census Bureau toll–free at 1–800–253–2078, or
e-mail govs.ssv@census.gov
• Please return your completed questionnaire and
substantiated incident forms by July 1, 2014.
• You may complete these forms online (see
enclosed instructions.) Or if you prefer, you may
return these forms by mail or fax.
• MAIL TO: U.S. Census Bureau, P.O. Box 5000,
Jeffersonville, IN 47199-5000
• FAX (TOLL FREE): 1–888–891–2099

• EXCLUDE incidents involving inmates held in
local jails and facilities in other jurisdictions.
Burden Statement

Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it displays a currently valid OMB
control number. The burden of this collection is estimated to average 60 minutes per response, including reviewing instructions, searching
existing data sources, gathering necessary data, and completing and reviewing this form. Send comments regarding this burden estimate or
any aspect of this survey, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street,
NW, Washington, DC 20531. Do not send your completed form to this address.

Attachment 2 - SSV-2
Section I – INMATE–ON–INMATE SEXUAL VICTIMIZATION 1. Does your State prison system record
allegations of inmate-on-inmate
NONCONSENSUAL SEXUAL ACTS?
DEFINITIONS
Yes ➔ a. Do you record all reported
01
occurrences, or only substantiated
The survey utilizes the definition of “sexual abuse” as
ones?
provided by 28 C.F.R. §115.6 in the National Standards to
Prevent, Detect, and Respond to Prison Rape (under the
01
All
Prison Rape Elimination Act of 2003). For purposes of SSV,
sexual abuse is disaggregated into three categories of
02
Substantiated only
inmate-on-inmate sexual victimization. These categories are:
b. Do you record attempted
NONCONSENSUAL SEXUAL ACTS
or only completed ones?

NONCONSENSUAL SEXUAL ACTS
Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;
AND
• Contact between the penis and the vulva or the penis
and the anus including penetration, however slight;

02

No

01

Both attempted and completed

02

Completed only

➔ Please provide the definition used by your
State prison system for inmate-on-inmate
NONCONSENSUAL SEXUAL ACTS in the
space below. Use that definition to complete
Items 2 and 3.

OR
• Contact between the mouth and the penis, vulva, or
anus;
OR
• Penetration of the anal or genital opening of another
person, however slight, by a hand, finger, object, or
other instrument.
ABUSIVE SEXUAL CONTACTS

2. Between January 1, 2013, and December 31, 2013,
how many allegations of inmate-on-inmate
NONCONSENSUAL SEXUAL ACTS were reported?

Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;

Number reported . . . . . .
None
• If an allegation involved multiple victimizations,
count only once.

AND
• Intentional touching, either directly or through the
clothing, of the genitalia, anus, groin, breast, inner thigh,
or buttocks of any person;
• Exclude incidents in which the contact was incidental to
a physical altercation.

• Exclude any allegations that were reported as
consensual.
3. Of the allegations reported in Item 2, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

SEXUAL HARASSMENT
Repeated and unwanted sexual advances, requests for
sexual favors, or verbal comments, gestures, or actions
of a derogatory or offensive sexual nature by one inmate
directed toward another.

a. Substantiated

None

......

• The event was investigated and determined to
have occurred, based on the preponderance of
evidence (28 C.F.R. §115.72).
b. Unsubstantiated

None

....

• The investigation concluded that evidence was
insufficient to determine whether or not the event
occurred.
None

c. Unfounded . . . . . . . . .

• The investigation determined that the event did NOT
occur.
d. Investigation ongoing

.

None

• Evidence is still being gathered, processed or evaluated,
and a final determination has not yet been made.
e. TOTAL (Sum of Items
3a through 3d) . . . . . . . .

None

• The total should equal the number reported in Item 2.
FORM SSV-2 (3-5-2014)

Page 2

Attachment 2 - SSV-2

7. Does your State prison system record
allegations of inmate-on-inmate SEXUAL
HARASSMENT? (See definitions on page 2.)

4. Does your State prison system record
allegations of inmate-on-inmate ABUSIVE
SEXUAL CONTACT? (See definitions on page 2.)
01

Yes

➔ Can these be counted separately from

01

Yes

allegations of NONCONSENSUAL
SEXUAL ACTS?
01
02
02

No

Yes
No ➔ Skip to Item 7.

➔ Please provide an explanation in the space

02

below and then skip to Item 7.

No

➔ Do you record all reported

allegations or only substantiated
ones?
01

All

02

Substantiated only

➔ Please provide an explanation in the space
below and then skip to Item 10.

5. Between January 1, 2013, and December 31, 2013,
how many allegations of inmate-on-inmate
ABUSIVE SEXUAL CONTACT were reported?

8. Between January 1, 2013, and December 31, 2013,
how many allegations of inmate-on-inmate
SEXUAL HARASSMENT were reported?

Number reported . . . . . .
None
• If an allegation involved multiple victimizations,
count only once.

Number reported . . . . . .
None
• If an allegation involved multiple victims or
multiple inmate perpetrators, count only once.

• Exclude any allegations that were reported as
consensual.

• Exclude any allegations that were reported as
consensual.

6. Of the allegations reported in Item 5, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

9. Of the allegations reported in Item 8, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

None

a. Substantiated . . . . . . .

None

a. Substantiated

b. Unsubstantiated . . . . .

None

b. Unsubstantiated

....

None

c. Unfounded

.........

None

c. Unfounded . . . . . . . . .

None

d. Investigation ongoing .

None

d. Investigation ongoing

e. TOTAL (Sum of Items
6a through 6d) . . . . . . . . .

None

e. TOTAL (Sum of Items
9a through 9d) . . . . . . . .

.

None

None

• The total should equal the number reported in
Item 8.

• The total should equal the number reported in
Item 5.

FORM SSV-2 (3-5-2014)

......

Page 3

Attachment 2 - SSV-2
SECTION II – STAFF-ON-INMATE SEXUAL
ABUSE

10. Does your State prison system record
allegations of STAFF SEXUAL
MISCONDUCT?

DEFINITIONS
The survey utilizes the definition of “sexual abuse” by a staff
member, contractor or volunteer as provided by 28 C.F.R.
§115.6 in the National Standards to Prevent, Detect, and
Respond to Prison Rape (under the Prison Rape Elimination
Act of 2003). For purposes of SSV, sexual abuse is
disaggregated into two categories of staff-on-inmate sexual
abuse. These categories are:

01

STAFF SEXUAL MISCONDUCT

02

Yes

No

➔ Do you record all reported

occurrences, or only substantiated
ones?
01

All

02

Substantiated only

➔ Please provide an explanation in the space
below and then skip to Item 13.

Any behavior or act of a sexual nature directed toward an
inmate by an employee, volunteer, contractor, official visitor or
other agency representative (exclude family, friends or other
visitors.) Sexual relationships of a romantic nature between
staff and inmates are included in this definition.
Consensual or nonconsensual sexual acts including:
• Intentional touching of the genitalia, anus, groin, breast,
inner thigh, or buttocks that is unrelated to official duties or
with the intent to abuse, arouse, or gratify sexual desire;
OR
• Completed, attempted, threatened, or requested sexual acts;

11. Between January 1, 2013, and
December 31, 2013, how many allegations of
STAFF SEXUAL MISCONDUCT were reported?

OR

Number reported . . . . . . .
None
• If an allegation involved multiple victims or staff,
count only once.

• Occurrences of indecent exposure, invasion of privacy,
or staff voyeurism for reasons unrelated to official duties
or for sexual gratification.
STAFF SEXUAL HARASSMENT
Repeated verbal statements, comments or gestures of a sexual
nature to an inmate by an employee, volunteer, contractor,
official visitor, or other agency representative (exclude family,
friends, or other visitors).

12. Of the allegations reported in Item 11, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

• Demeaning references to gender or derogatory
comments about body or clothing; sexually suggestive;

a. Substantiated . . . . . . .

None

OR

b. Unsubstantiated . . . . .

None

c. Unfounded . . . . . . . . . .

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items
12a through 12d) . . . . . . .

None

• Repeated profane or obscene language or gestures.

• The total should equal the number reported in
Item 11.

FORM SSV-2 (3-5-2014)

Page 4

Attachment 2 - SSV-2
13. Does your State prison system record
allegations of STAFF SEXUAL HARASSMENT?
(See definitions on page 4.)
01

Yes

➔ Can these allegations be counted

Section III – PRIVATE AND LOCAL ALLEGATIONS

separately from allegations of STAFF
SEXUAL MISCONDUCT?

02

No

01

Yes

02

No

➔ Skip to Item 16.

➔ Please provide an explanation in the space

16. Did any of the allegations reported in items 2,
5, 8, 11, or 14 occur in a privately operated
facility?
01

Yes

02

No

17. Did any of the allegations reported in items 2,
5, 8, 11, or 14 occur in a facility operated and
administered by local governments?

below and then skip to Item 16.

01

Yes

02

No
Section IV – TOTAL SUBSTANTIATED
INCIDENTS OF SEXUAL VICTIMIZATION

18. What is the total number of substantiated
incidents reported in Items 3a, 6a, 9a, 12a, and
15a?
Total substantiated
incidents . . . . . . . . . . . .
14. Between January 1, 2013, and
December 31, 2013, how many allegations
of STAFF SEXUAL HARASSMENT were
reported?

➔

15. Of the allegations reported in Item 14, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

......

None

b. Unsubstantiated . . . .

None

c. Unfounded . . . . . . . . .

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items
15a through 15d) . . . . . .

None

a. Substantiated

• The total should equal the number reported in
Item 14.

FORM SSV-2 (3-5-2014)

Please complete an Incident Form (Adult,
SSV-IA) for each substantiated incident of
sexual victimization.

NOTES

Number reported . . . . . .
None
• If an allegation involved multiple victims or staff,
count only once.

Page 5

None

Attachment 2 - SSV-3
OMB No. 1121-0292: Approval Expires xx/xx/xxxx
U.S. DEPARTMENT OF JUSTICE

SSV-3

FORM
(3-5-2014)

SURVEY OF SEXUAL VICTIMIZATION, 2013
Local Jail Jurisdictions
Summary Form

BUREAU OF JUSTICE STATISTICS
AND ACTING AS COLLECTION AGENT

U.S. DEPT. OF COMMERCE
Economics and Statistics Administration

U.S. CENSUS BUREAU

DATA SUPPLIED BY

TELEPHONE
E-MAIL
ADDRESS

City

Number and street or P.O. Box/Route Number
Area code

Number

FAX
NUMBER

State

▼

OFFICIAL
ADDRESS

Title

▼▼▼

Name

Area Code

ZIP Code
Number

(Please correct any error in name, mailing address, and ZIP Code)

What facilities are included in this data collection?
All confinement facilities usually operated by a local law
enforcement agency that are intended for adults but
sometimes hold juveniles.
• INCLUDE all jails and city/county correctional centers
that hold inmates beyond arraignment. Report on ALL
inmates, including those held in separate holding or
lockup areas within your facility.
• INCLUDE special jail facilities (e.g., medical/treatment/
release centers, halfway houses, and work farms).
• EXCLUDE privately-operated jails and facilities
operated by two or more jurisdictions, i.e.,
multi-jurisdictional facilities. (These facilities
will be contacted directly for data on sexual
victimization.)
What inmates and incidents are included in this
data collection?
Inmates under your custody between January 1, 2013, and
December 31, 2013.
• INCLUDE incidents involving inmates under the
authority, custody, or care of your confinement or
community-based facilities or staff.
• EXCLUDE inmates held in other jurisdictions.

Reporting instructions:
•

Please complete the entire SSV-3 Form.

•

If the answer to a question is "not available" or "unknown,"
write "DK" (do not know) in the space provided.
If the answer to a question is "not applicable," write "NA"
in the space provided.

•
•
•

If the answer to a question is "none" or "zero," mark the
box ( x ) provided.
When exact numeric answers are not available, provide
estimates and mark ( X ) the box beside each figure.

Substantiated incidents of sexual violence:
•

Please complete an Incident Form (Adult, SSV-IA)
for each substantiated incident of sexual victimization.

Returning forms:
• If you need assistance, please call Greta Clark at the
U.S. Census Bureau toll–free at 1–888–369–3613,
option 2, or e-mail govs.ssv@census.gov
• Please return your completed questionnaire
and substantiated incident forms by
September 1, 2014.
• You may complete these forms online (see
enclosed instructions). Or if you prefer, you may
return these forms by mail or fax.
• MAIL TO: U.S. Census Bureau, P.O. Box 5000,
Jeffersonville, IN 47199-5000
• FAX (TOLL FREE): 1–812–218–3085

Burden Statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it displays a currently valid OMB
control number. The burden of this collection is estimated to average 30 minutes per response, including reviewing instructions, searching
existing data sources, gathering necessary data, and completing and reviewing this form. Send comments regarding this burden estimate or
any aspect of this survey, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street,
NW, Washington, DC 20531. Do not send your completed form to this address.

Attachment 2 - SSV-3
Section II – INMATE-ON-INMATE SEXUAL
VICTIMIZATION

Section I – GENERAL INFORMATION

1. How many persons under the supervision of your
local jail jurisdiction were –

DEFINITIONS
The survey utilizes the definition of “sexual abuse” as
provided by 28 C.F.R. §115.6 in the National Standards
to Prevent, Detect, and Respond to Prison Rape (under
the Prison Rape Elimination Act of 2003). For purposes
of SSV, sexual abuse is disaggregated into three
categories of inmate-on-inmate sexual victimization.
These categories are:

a. CONFINED in your jail facilities on
December 31, 2013?
• INCLUDE persons on transfer to treatment facilities
but who remain under your jurisdiction.
• INCLUDE persons out to court while under your
jurisdiction.

NONCONSENSUAL SEXUAL ACTS

• INCLUDE persons held for other jurisdictions.

Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;

• EXCLUDE persons housed in facilities operated by
two or more jurisdictions or those held in
privately-operated jails.

AND

• EXCLUDE inmates on AWOL, escape, or long-term
transfer to other jurisdictions.

• Contact between the penis and the vulva or the penis
and the anus including penetration, however slight;

• EXCLUDE all persons in non-residential
community-based programs run by your jail (e.g.,
electronic monitoring, house arrest, community
service, day reporting, work programs).

OR
• Contact between the mouth and the penis, vulva, or
anus;
OR

Male

Female

• Penetration of the anal or genital opening of another
person, however slight, by a hand, finger, or other
instrument.

Inmates on
December 31, 2013 . . .

ABUSIVE SEXUAL CONTACTS
b. ADMITTED to your jail facilities during 2013?
• INCLUDE new admissions only, i.e., persons officially
booked into and housed in your facilities by formal legal
document and by the authority of the courts or some
other official agency.
• INCLUDE repeat offenders booked on new charges.
• EXCLUDE returns from escape, work release, medical
appointments/treatment facilities, and bail or court
appearances.
Male

AND
• Intentional touching, either directly or through the clothing,
of the genitalia, anus, groin, breast, inner thigh, or
buttocks of any person.
• Exclude incidents in which the contact was incidental
to a physical altercation.
SEXUAL HARASSMENT

Female

Repeated and unwelcome sexual advances, requests
for sexual favors, or verbal comments, gestures, or
actions of a derogatory or offensive sexual nature by
one inmate directed toward another.

New admissions
during 2013 . . . . . . . . .

2. Between January 1, 2013, and
December 31, 2013, what was the average
daily population of all jail confinement
facilities operated by your jurisdiction?
• To calculate the average daily population, add the
number of persons for each day during the period
January 1, 2013, through December 31, 2013, and
divide the result by 365.
Male

Female

Average daily
population . . . . . . . . . .

FORM SSV-3 (3-5-2014)

Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;

Page 2

Attachment 2 - SSV-3

01

3. Does your local jail jurisdiction record allegations
of inmate-on-inmate NONCONSENSUAL SEXUAL
ACTS?
Yes ➔ a. Do you record all reported
01
occurrences, or only substantiated
ones?

6. Does your local jail jurisdiction record
allegations of inmate-on-inmate ABUSIVE
SEXUAL CONTACT? (See definitions on page 2.)
01

No

➔ Can these be counted separately from
allegations of NONCONSENSUAL
SEXUAL ACTS?

01

All

01

02

Substantiated only

02

b. Do you record attempted
NONCONSENSUAL SEXUAL ACTS or
only completed ones?

02

Yes

01

Both attempted and completed

02

Completed only

02

No

➔

Yes
No ➔ Skip to Item 9.

Please provide an explanation in the space
below and then skip to Item 9.

➔ Please provide the definition used by your

local jail jurisdiction for inmate-on-inmate
NONCONSENSUAL SEXUAL ACTS in the
space below. Use that definition to complete
Items 4 and 5.
7. Between January 1, 2013, and December 31, 2013,
how many allegations of inmate-on-inmate
ABUSIVE SEXUAL CONTACT were reported?

Number reported . . . . . .
None
If
an
allegation
involved
multiple
victimizations,
count only
•
once.
• Exclude any allegations that were reported as consensual.

4. Between January 1, 2013, and December 31, 2013,
how many allegations of inmate-on-inmate
NONCONSENSUAL SEXUAL ACTS were reported?

8. Of the allegations reported in Item 7, how many
were — (Please contact the agency or office responsible for
investigating allegations of sexual victimization in order to
fully complete this form.)

Number reported . . . . . . .
None
• If an allegation involved multiple victimizations,
count only once.
• Exclude any allegations that were reported as
consensual.

a. Substantiated . . . . . . . .

None

b. Unsubstantiated . . . . . .

None

None

c. Unfounded . . . . . . . . . . .

None

• The event was investigated and determined to
have occurred, based on the preponderance of
evidence (28 C.F.R. §115.72).

d. Investigation ongoing . .

None

5. Of the allegations reported in Item 4, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)
a. Substantiated . . . . . . . .

b. Unsubstantiated . . . . . .

e. TOTAL (Sum of Items
None
8a through 8d) . . . . . . . . . .
• The total should equal the number reported in
Item 7.

None

• The investigation concluded that evidence was
insufficient to determine whether or not the event
occurred.
c. Unfounded

..........

None

• The investigation determined that the event did
NOT occur.
d. Investigation ongoing . .

None

• Evidence is still being gathered, processed or evaluated,
and a final determination has not yet been made.
e. TOTAL (Sum of Items
5a through 5d) . . . . . . . . . .

None

• The total should equal the number reported in Item 4.
FORM SSV-3 (3-5-2014)

Page 3

Attachment 2 - SSV-3
Section III – STAFF-ON-INMATE SEXUAL ABUSE

9. Does your local jail jurisdiction record
allegations of inmate-on-inmate SEXUAL
HARASSMENT? (See definitions on page 2.)
01

02

Yes

No

DEFINITIONS

➔ Do you record all reported

The survey utilizes the definition of “sexual abuse” by a
staff member, contractor or volunteer as provided by
28 C.F.R. §115.6 in the National Standards to Prevent,
Detect, and Respond to Prison Rape (under the Prison
Rape Elimination Act of 2003). For purposes of SSV,
sexual abuse is disaggregated into two categories of
staff-on-youth sexual abuse. These categories are:

allegations or only substantiated
ones?

➔

01

All

02

Substantiated only

Please provide an explanation in the space
below and then skip to Item 12.

STAFF SEXUAL MISCONDUCT
Any behavior or act of a sexual nature directed toward an
inmate by an employee, volunteer, contractor, official
visitor or other agency representative (exclude family,
friends or other visitors.) Sexual relationships of a
romantic nature between staff and inmates are included in
this definition.
Consensual or nonconsensual sexual acts including:

10. Between January 1, 2013, and December 31,
2013, how many allegations of
inmate-on-inmate SEXUAL HARASSMENT were
reported?

• Intentional touching of the genitalia, anus, groin,
breast, inner thigh, or buttocks that is unrelated to
official duties or with the intent to abuse, arouse, or
gratify sexual desire;

None
Number reported . . . . . . . .
• If an allegation involved multiple victims or
multiple inmate perpetrators, count only once.
• Exclude any allegations that were reported as
consensual.

OR
• Completed, attempted, threatened, or requested
sexual acts;

11. Of the allegations reported in item 10, how many
were –

OR
• Occurrences of indecent exposure, invasion of
privacy, or staff voyeurism for reasons unrelated to
official duties or for sexual gratification.

a. Substantiated . . . . . . . .

None

b. Unsubstantiated . . . . . .

None

c. Unfounded

..........

None

• Demeaning references to gender or derogatory
comments about body or clothing; sexually suggestive;

d. Investigation ongoing . .

None

OR

STAFF SEXUAL HARASSMENT
Repeated verbal statements, comments or gestures of a
sexual nature to an inmate by an employee, volunteer,
contractor, official visitor, or other agency representative
(exclude family, friends, or other visitors).

• Repeated profane or obscene language or gestures.

e. TOTAL (Sum of Items
None
8a through 8d) . . . . . . . . . .
• The total should equal the number reported in
Item 10.

FORM SSV-3 (3-5-2014)

Page 4

Attachment 2 - SSV-3
15. Does your local jail jurisdiction record
allegations of STAFF SEXUAL HARASSMENT?

12. Does your local jail jurisdiction record
allegations of STAFF SEXUAL MISCONDUCT?
01

02

Yes ➔ Do you record all reported
occurrences, or only substantiated
ones?

No

01

Yes ➔ Can these allegations be counted
separately from allegations of
STAFF SEXUAL MISCONDUCT?

01

All

01

Yes

02

Substantiated only

02

No ➔ Skip to Item 18.

➔ Please provide an explanation in the space

02

13. Between January 1, 2013, and
December 31, 2013, how many allegations of
STAFF SEXUAL MISCONDUCT were reported?
Number reported . . . . . .

➔ Please provide an explanation in the space

16. Between January 1, 2013, and
December 31, 2013, how many allegations of
STAFF SEXUAL HARASSMENT were reported?

None

Number reported . . . . . .

• If an allegation involved multiple victims or staff,
count only once.
14. Of the allegations reported in Item 10, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

No

below and then skip to Item 18.

below and then skip to Item 15.

None

• If an allegation involved multiple victims or staff,
count only once.
17. Of the allegations reported in Item 16, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

None

a. Substantiated

.....

None

b. Unsubstantiated

....

None

c. Unfounded . . . . . . . . . .

None

c. Unfounded . . . . . . . . .

None

d. Investigation ongoing

None

d. Investigation ongoing

None

None

e. TOTAL (Sum of Items 17a
through 17d) . . . . . . . . .

None

a. Substantiated

.......

b. Unsubstantiated

.

e. TOTAL (Sum of Items
14a through 14d) . . . . . . . .
• The total should equal the number
reported in item 13.

FORM SSV-3 (3-5-2014)

......

• The number should equal the number
reported in item 16.

Page 5

None

Attachment 2 - SSV-3
Section IV – TOTAL SUBSTANTIATED
INCIDENTS OF SEXUAL VICTIMIZATION

NOTES

18. What is the total number of substantiated
incidents reported in Items 5a, 8a, 11a,
14a, and 17a?
Total substantiated
incidents . . . . . . . . . . . .

➔

None

Please complete an Incident Form
(Adult, SSV-IA) for each substantiated
incident of sexual victimization.

FORM SSV-3 (3-5-2014)

Page 6

Attachment 2 - SSV-4
OMB No. 1121-0292: Approval Expires XXXXXX
U.S. DEPARTMENT OF JUSTICE

SSV-4

FORM
(3-4-2014)

BUREAU OF JUSTICE STATISTICS

SURVEY OF SEXUAL VICTIMIZATION, 2013
Other Correctional Facilities
Summary Form

AND ACTING AS COLLECTION AGENT

U.S. DEPT. OF COMMERCE
Economics and Statistics Administration

U.S. CENSUS BUREAU

DATA SUPPLIED BY

TELEPHONE
E-MAIL
ADDRESS

City

Number and street or P.O. Box/Route Number
Area code

Number

FAX
NUMBER

State

▼

OFFICIAL
ADDRESS

Title

▼▼▼

Name

Area Code

ZIP Code
Number

(Please correct any error in name, mailing address, and ZIP Code)

What facilities are included in this data collection?
• MULTI-JURISDICTIONAL FACILITIES: Facilities
including detention centers, jails, community-based
facilities, and other correctional facilities administered by
two or more governments (or a board composed of
representatives from two or more governments) that are
intended for adults but sometimes hold juveniles.
• PRIVATELY OPERATED FACILITIES: All privately
owned or operated confinement facilities including prisons,
jails, detention centers, community-based facilities, and
other correctional facilities that are intended for adults but
sometimes hold juveniles.
• FACILITIES OPERATED BY OR FOR:
• THE UNITED STATES MILITARY
• THE BUREAU OF IMMIGRATION AND
CUSTOMS ENFORCEMENT
• TRIBAL AUTHORITIES
• THE BUREAU OF INDIAN AFFAIRS
What inmates and incidents are included in this data
collection?
Inmates under your custody between January 1, 2013, and
December 31, 2013.
• INCLUDE incidents involving inmates under the authority,
custody, or care of your confinement or community-based
facilities or staff.
• EXCLUDE inmates held in other jurisdictions.

Reporting instructions:
• Please complete the entire SSV-4 Form.
• If the answer to a question is "not available" or "unknown,"
write "DK" (do not know) in the space provided.
• If the answer to a question is "not applicable," write "NA" in
the space provided.
• If the answer to a question is "none" or "zero," mark the
box ( X ) provided.
• When exact numeric answers are not available, provide
estimates and mark ( X ) the box beside each figure.
Substantiated incidents of sexual violence:
• Please complete an Incident Form (Adult, SSV-IA)
for each substantiated incident of sexual victimization.
Returning forms:
• If you need assistance, please call Greta Clark at the
U.S. Census Bureau toll–free at 1–888–369–3613,
option 2, or e-mail govs.ssv@census.gov
• Please return your completed questionnaire and
substantiated incident forms by
September 1, 2014.
• You may complete these forms online (see
enclosed instructions). Or if you prefer, you may
return these forms by mail or fax.
• MAIL TO: U.S. Census Bureau, P.O. Box 5000,
Jeffersonville, IN 47199-5000
• FAX (TOLL FREE) TO: 1–812–218–3085

Burden statement

Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it displays a currently valid OMB
control number. The burden of this collection is estimated to average 30 minutes per response, including reviewing instructions, searching
existing data sources, gathering necessary data, and completing and reviewing this form. Send comments regarding this burden estimate or
any aspect of this survey, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street,
NW, Washington, DC 20531. Do not send your completed form to this address.

Attachment 2 - SSV-4
Section II – INMATE-ON-INMATE SEXUAL
VICTIMIZATION

Section I – GENERAL INFORMATION
1. How many persons under the supervision of your
facility were –

DEFINITIONS

• INCLUDE persons on transfer to treatment
facilities but who remain under your
jurisdiction.

The survey utilizes the definition of “sexual abuse” as
provided by 28 C.F.R. §115.6 in the National Standards to
Prevent, Detect, and Respond to Prison Rape (under the
Prison Rape Elimination Act of 2003). For purposes of SSV,
sexual abuse is disaggregated into three categories of
inmate-on-inmate sexual victimization. These categories are:

• INCLUDE persons out to court while under your
jurisdiction.

NONCONSENSUAL SEXUAL ACTS

• INCLUDE persons held for other jurisdictions.

Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;

a. CONFINED on December 31, 2013?

• EXCLUDE inmates on AWOL, escape, or
long-term transfer to other jurisdictions.

AND
• Contact between the penis and the vulva or the penis
and the anus including penetration, however slight;

• EXCLUDE all persons in non-residential
community-based programs run by your facility
(e.g., electronic monitoring, house arrest,
community service, day reporting, work
programs).
Male

OR
• Contact between the mouth and the penis, vulva, or
anus;

Female

OR

Inmates on
December 31, 2013 . .

• Penetration of the anal or genital opening of another
person however slight, by a hand, finger, object, or other
instrument.

b. ADMITTED to your facility during 2013?
• INCLUDE new admissions only, i.e., persons
officially booked into and housed in your facilities by
formal legal document and by the authority of the
courts or some other official agency.

ABUSIVE SEXUAL CONTACT
Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;

• INCLUDE repeat offenders booked on new charges.

AND

• EXCLUDE returns from escape, work release, medical
appointments/treatment facilities, and bail or court
appearances.
Male

Female

• Exclude incidents in which the contact was incidental to
a physical altercation.

New admissions
during 2013 . . . . . . .

SEXUAL HARASSMENT
Repeated and unwelcome sexual advances, requests for
sexual favors, or verbal comments, gestures, or actions
of a derogatory or offensive sexual nature by one inmate
directed toward another.

2. Between January 1, 2013, and
December 31, 2013, what was the average
daily population of your confinement facility?
• To calculate the average daily population, add the
number of persons for each day during the period
January 1, 2013, through December 31, 2013, and
divide the result by 365.
Male

Female

Average daily
population . . . . . . . . . . .

FORM SSV-4 (3-4-2014)

• Intentional touching, either directly or through the
clothing, of the genitalia, anus, groin, breast, inner thigh,
or buttocks of any person.

Page 2

Attachment 2 - SSV-4
3. Does your facility record allegations of
inmate-on-inmate NONCONSENSUAL SEXUAL
ACTS?
Yes

01

6. Does your facility record allegations of
inmate-on-inmate ABUSIVE SEXUAL
CONTACT? (See definitions on page 2.)

➔ a. Do you record all reported occurrences,

01

01

All

02

Substantiated only

b. Do you record attempted
NONCONSENSUAL SEXUAL ACTS
or only completed ones?

02

No

Yes

or only substantiated ones?

01

Both attempted and completed

02

Completed only

02

No

➔ Can these be counted separately from
allegations of NONCONSENSUAL
SEXUAL ACTS?
01

Yes

02

No

➔ Skip to Item 9.

➔ Please provide an explanation in the space
below and then skip to Item 9.

➔ Please provide the definition used by your facility
for inmate-on-inmate NONCONSENSUAL
SEXUAL ACTS in the space below. Use that
definition to complete Items 4 and 5.

7. Between January 1, 2013, and
December 31, 2013, how many allegations
of inmate-on-inmate ABUSIVE SEXUAL
CONTACT were reported?

4. Between January 1, 2013, and
December 31, 2013, how many allegations
of inmate-on-inmate NONCONSENSUAL
SEXUAL ACTS were reported?

Number reported . . . . .
None
• If an allegation involved multiple victimizations, count
only once.
• Exclude any allegations that were reported as consensual.

Number reported . . . . . .
None
• If an allegation involved multiple victimizations, count
only once.
• Exclude any allegations that were reported as consensual.

8. Of the allegations reported in Item 7, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

5. Of the allegations reported in Item 4, how many
were — (Please contact the agency or office responsible
for investigating allegations of sexual victimization in order
to fully complete this form.)

a. Substantiated . . . . . . .

None

a. Substantiated

• The event was investigated and determined to have
occurred, based on the preponderance of evidence
(28 C.F.R. §115.72).

......

b. Unsubstantiated
b. Unsubstantiated . . . . .

....

None

None

None

• The investigation concluded that evidence was insufficient
to determine whether or not the event occurred.
c. Unfounded

.........

c. Unfounded . . . . . . . . . .

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items 8a
through 8d) . . . . . . . . . .

None

None

• The investigation determined that the event did NOT occur.
d. Investigation ongoing

None

• Evidence is still being gathered, processed or evaluated,
and a final determination has not yet been made.
e. TOTAL (Sum of Items
5a through 5d) . . . . . . . . .

None

• The total should equal the number reported in Item 7.

• The total should equal the number reported in Item 4.
FORM SSV-4 (3-4-2014)

Page 3

Attachment 2 - SSV-4
Section III – STAFF-ON-INMATE SEXUAL ABUSE

9. Does your facility record allegations of
inmate-on-inmate SEXUAL HARASSMENT? (See
definitions on page 2.)
01

02

Yes

No

DEFINITIONS

➔ Do you record all reported

The survey utilizes the definition of “sexual abuse” by a staff
member, contractor or volunteer as provided by 28 C.F.R.
§115.6 in the National Standards to Prevent, Detect, and
Respond to Prison Rape (under the Prison Rape Elimination
Act of 2003). For purposes of SSV, sexual abuse is
disaggregated into two categories of staff-on-inmate sexual
abuse. These categories are:

allegations or only substantiated
ones?
01

All

02

Substantiated only

➔ Please provide an explanation in the space
below and then skip to item 12.

STAFF SEXUAL MISCONDUCT
Any behavior or act of a sexual nature directed toward an
inmate by an employee, volunteer, contractor, official visitor
or other agency representative (exclude family, friends or
other visitors.) Sexual relationships of a romantic nature
between staff and inmates are included in this definition.
Consensual or nonconsensual sexual acts including:
• Intentional touching of the genitalia, anus, groin, breast,
inner thigh, or buttocks that is unrelated to official duties
or with the intent to abuse, arouse, or gratify sexual
desire;
OR
• Completed, attempted, threatened, or requested sexual acts;
OR
• Occurrences of indecent exposure, invasion of privacy,
or staff voyeurism for reason unrelated to official duties
or for sexual gratification.

10. Between January 1, 2013, and
December 31, 2013, how many allegations of
inmate-on-inmate SEXUAL HARASSMENT
were reported?

STAFF SEXUAL HARASSMENT
Repeated verbal statements, comments or gestures of a sexual
nature to an inmate by an employee, volunteer, contractor,
official visitor, or other agency representative (exclude family,
friends, or other visitors).

Number reported . . . . . . .
None
• If an allegation involved multiple victims or multiple
inmate perpetrators, count only once.
• Exclude any allegations that were reported as consensual.
11. Of the allegations reported in Item 10, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

a. Substantiated . . . . . .

None

b. Unsubstantiated . . . .

None

c. Unfounded . . . . . . . . . .

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items 11a
through 11d) . . . . . . . . .

None

OR
• Repeated profane or obscene language or gestures.

• The total should equal the number reported in Item 10.
FORM SSV-4 (3-4-2014)

• Demeaning references to gender or derogatory
comments about body or clothing; sexually suggestive;

Page 4

Attachment 2 - SSV-4
12. Does your facility record allegations of STAFF
SEXUAL MISCONDUCT?
01

02

Yes

No

15. Does your facility record allegations of STAFF
SEXUAL HARASSMENT?

➔ Do you record all reported

01

occurrences, or only substantiated
ones?

Yes

➔ Can these allegations be counted
separately from allegations of
STAFF SEXUAL MISCONDUCT?

01

All

01

Yes

02

Substantiated only

02

No ➔ Skip to Item 18.

➔ Please provide an explanation in the space

02

below and then skip to Item 15.

➔ Please provide an explanation in the space
below and skip to Item 18.

13. Between January 1, 2013, and
December 31, 2013, how many allegations of
STAFF SEXUAL MISCONDUCT were reported?

Number reported . . . . . .

No

16. Between January 1, 2013, and
December 31, 2013, how many allegations of
STAFF SEXUAL HARASSMENT were reported?

None

Number reported

• If an allegation involved multiple victims or staff, count
only once.

.....

None

• If an allegation involved multiple victims or staff, count
only once.

14. Of the allegations reported in Item 13, how
many were — (Please contact the agency or office
responsible for investigation allegations of sexual
victimization in order to fully complete this form.)

17. Of the allegations reported in Item 16, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

None

a. Substantiated . . . . . . . .

None

.....

None

b. Unsubstantiated

.....

None

c. Unfounded . . . . . . . . . .

None

c. Unfounded

..........

None

d. Investigation ongoing .

None

d. Investigation ongoing

.

None

e. TOTAL (Sum of Items 14a
through 14d) . . . . . . . . . .

None

e. TOTAL (Sum of Items 17a
through 17d) . . . . . . . . . .

None

a. Substantiated

.......

b. Unsubstantiated

• The total should equal the number reported in Item 13.

FORM SSV-4 (3-4-2014)

Page 5

• The total should equal the number reported in Item 16.

Attachment 2 - SSV-4
Section IV – TOTAL SUBSTANTIATED
INCIDENTS OF SEXUAL VICTIMIZATION

NOTES

18. What is the total number of substantiated
incidents reported in Items 5a, 8a, 11a,
14a, and 17a?
Total substantiated
incidents . . . . . . . . . . . . . .

None

➔ Please complete an Incident Form

(Adult, SSV-IA) for each substantiated
incident of sexual victimization.

FORM SSV-4 (3-4-2014)

Page 6

Attachment 2 - SSV-5
OMB No. 1121-0292: Approval Expires XX/XX/XXXX
U.S. DEPARTMENT OF JUSTICE

SSV-5

FORM
(3-6-2014)

BUREAU OF JUSTICE STATISTICS

SURVEY OF SEXUAL VICTIMIZATION, 2013
State Juvenile Systems
Summary Form

AND ACTING AS COLLECTION AGENT

U.S. DEPT. OF COMMERCE
Economics and Statistics Administration

U.S. CENSUS BUREAU

DATA SUPPLIED BY

TELEPHONE
E-MAIL
ADDRESS

City

Number and street or P.O. Box/Route Number
Area code

Number

FAX
NUMBER

State

▼

OFFICIAL
ADDRESS

Title

▼▼▼

Name

Area Code

ZIP Code
Number

(Please correct any error in name, mailing address, and ZIP Code)

What facilities are included in this data collection?
All State-operated juvenile residential placement facilities
used to house juveniles and youthful offenders, regardless of
age or reason for placement.
• INCLUDE State-operated juvenile residential facilities
such as: detention centers, training schools, long-term
secure facilities; reception or diagnostic centers; group
homes or halfway houses; boot camps; ranches; forestry
camps, wilderness or marine programs, or farms;
runaway or homeless shelters; and residential treatment
centers for juveniles.
• EXCLUDE privately operated facilities and
facilities operated or administered by local
governments. (These facilities will be
contacted directly for data on sexual
victimization.)
What persons and incidents are included in this
data collection?
Juveniles and youthful offenders, regardless of age or reason
for placement, under your custody between January 1, 2013,
and December 31, 2013.
• INCLUDE incidents involving juveniles or youthful
offenders under the authority, custody, or care of your
confinement or community-based facilities or staff.
• EXCLUDE incidents involving juveniles or
youthful offenders not held in facilities
operated by your State juvenile system.

Reporting instructions:
•
•
•
•
•

Please complete the entire SSV-5 Form.
If the answer to a question is "not available" or "unknown,"
write "DK" (do not know) in the space provided.
If the answer to a question is "not applicable," write "NA"
in the space provided.
If the answer to a question is "none" or "zero," mark the
box ( X ) provided.
When exact numeric answers are not available, provide
estimates and mark ( X ) the box beside each figure.

Substantiated incidents of sexual violence:
• Please complete an Incident Form (Juvenile, SSV-IJ)
for each substantiated incident of sexual victimization.
Returning forms:
• If you need assistance, please call Greta Clark at the
U.S. Census Bureau toll-free at 1–800–253–2078 or
email govs.ssv@census.gov
• Please return your completed questionnaire
and substantiated incident forms by
September 1, 2014.
• You may complete these forms online (see
enclosed instructions). Or if you prefer, you
may return these forms by mail or fax.
• MAIL TO: U.S. Census Bureau, P.O. Box 5000,
Jeffersonville, IN 47199-5000
• FAX (TOLL FREE): 1–888–891–2099

Burden Statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it displays a currently valid OMB
control number. The burden of this collection is estimated to average 60 minutes per response, including reviewing instructions, searching
existing data sources, gathering necessary data, and completing and reviewing this form. Send comments regarding this burden estimate or
any aspect of this survey, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street,
NW, Washington, DC 20531. Do not send your completed form to this address.

Attachment 2 - SSV-5
2. On December 31, 2013, how many persons
held in the facilities reported in Item 1 were —

DEFINITIONS
JUVENILES and YOUTHFUL OFFENDERS
• Any person under the jurisdiction of your State’s juvenile
system or youthful offender authority, regardless of age
or reason for placement.

a. Males . . . . . . . . . . . . . . . . . .

FACILITIES

b. Females

...............

INCLUDE all State-operated facilities used to house juveniles
or youthful offenders charged with or court-adjudicated for:
c. TOTAL (Sum of Items 2a to 2b) .

• Any offense that is illegal for both adults and juveniles;

• Count persons held in the facilities reported in Item 1
regardless of age or reason for placement. Include
persons who were temporarily away but had assigned
beds on December 31, 2013.

OR
• An offense that is ILLEGAL in your State for juveniles,
but not for adults (running away, truancy, incorrigibility,
curfew violations, and liquor violations).

3. On December 31, 2013, how many persons
held in the facilities reported in Item 1 were —

EXCLUDE State-operated facilities used ONLY to house
juveniles for:
• Non-criminal purposes (neglect, abuse, abandonment, or
dependency);

a. Age 17 or younger . . . . . . . .

OR
b. Age 18 to 20

• Being Persons in Need of Services (PINS) or Children in
Need of Services (CHINS) who have assigned beds for
reasons other than offenses.

............

c. Age 21 or older . . . . . . . . . .
d. TOTAL (Sum of Items 3a to 3c
should equal Item 2c) . . . . . . . .

Section I – GENERAL INFORMATION

• Count all persons held in the facilities reported in Item 1
regardless of age or reason for placement. Include
persons who were temporarily away but had assigned
beds on December 31, 2013.

1. On December 31, 2013, how many facilities
operated by your State held juveniles or
youthful offenders CHARGED WITH or
COURT-ADJUDICATED FOR AN OFFENSE?

Number of facilities

...

4. Between January 1, 2013, and December 31, 2013,
how many persons were admitted to or discharged
from the facilities reported in Item 1?

• Count all juvenile residential facilities where young
persons who have committed offenses may be
housed overnight.

a. TOTAL number admitted

• Count each facility with a separate physical location
only once. Do not count separate living/sleeping units,
wings, floors, dorms, barracks, or cottages within a
single facility.

..

b. TOTAL number discharged .
• Include all persons admitted into your State-operated
juvenile residential facilities by a formal legal document,
by the authority of the courts, or by some other official
agency.
• Include all persons discharged from your
State-operated juvenile residential facilities after a
period of confinement including sentence completion,
pretrial releases, transfers to adult jurisdictions or to
other States, and deaths.
• Exclude admissions and discharges resulting from
returns from escape, administrative transfers to other
juvenile facilities operated by your State, or temporary
release including work/school release, medical
appointments, other treatment facilities, or court
appearances.

FORM SSV-5 (3-6-2014)

Page 2

Attachment 2 - SSV-5
Section II – YOUTH–ON–YOUTH SEXUAL VICTIMIZATION 5. Does your State juvenile system record

allegations of youth-on-youth NONCONSENSUAL
SEXUAL ACTS?

DEFINITIONS

01

The survey utilizes the definition of “sexual abuse” as
provided by 28 C.F.R. §115.6 in the National Standards to
Prevent, Detect, and Respond to Prison Rape (under the
Prison Rape Elimination Act of 2003). For purposes of SSV,
sexual abuse is disaggregated into three categories of
youth–on–youth sexual victimization. These categories are:

Yes ➔ a. Do you record all reported
occurrences, or only
substantiated ones?
01
02

All
Substantiated only

b. Do you record attempted
NONCONSENSUAL SEXUAL ACTS
or only completed ones?

NONCONSENSUAL SEXUAL ACTS
Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;

01

AND
• Sexual contact between the penis and the vulva or the
penis and the anus including penetration, however slight;
OR

02
02

No

Both attempted and completed
Completed only

➔ Please provide the definition used by your
State juvenile system for youth-on-youth
NONCONSENSUAL SEXUAL ACTS in the
space below. Use that definition to complete
Items 6 and 7.

• Contact between the mouth and the penis, vulva, or
anus;
OR
• Penetration of the anal or genital opening of another
person, however slight, by a hand, finger, object, or
other instrument.
ABUSIVE SEXUAL CONTACT

6. Between January 1, 2013, and December 31, 2013,
how many allegations of youth-on-youth
NONCONSENSUAL SEXUAL ACTS were reported?

Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;
AND
• Intentional touching, either directly or through the
clothing, of the genitalia, anus, groin, breast, inner thigh,
or buttocks of any person.

Number reported

Repeated and unwelcome sexual advances, requests
for sexual favors, or verbal comments, gestures, or
actions of a derogatory or offensive sexual nature by
one youth directed toward another.

None

• If an allegation involved multiple victimizations, count
only once.
• Exclude any allegations that were reported as
consensual.

• Exclude incidents in which the contact was incidental to
a physical altercation.
SEXUAL HARASSMENT

......

7. Of the allegations reported in Item 6, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)
None

a. Substantiated . . . . . . .

• The event was investigated and determined to have
occurred, based on the preponderance of evidence
(28 C.F.R. §115.72).
b. Unsubstantiated

None

....

• The investigation concluded that evidence was
insufficient to determine whether or not the event
occured.
None

c. Unfounded . . . . . . . . .

• The investigation determined that the event did NOT
occur.
d. Investigation ongoing

.

None

• Evidence is still being gathered, processed or evaluated,
and a final determination has not yet been made.
e. TOTAL (Sum of Items
7a through 7d) . . . . . . . .

None

• The total should equal the number reported in
Item 6.
FORM SSV-5 (3-6-2014)

Page 3

Attachment 2 - SSV-5

8. Does your State juvenile system record
allegations of youth-on-youth ABUSIVE SEXUAL
CONTACTS? (See definitions on page 3.)

11. Does your State juvenile system record
allegations of youth–on–youth SEXUAL
HARASSMENT? (See definitions on page 2.)
01

01

02

Yes

No

Yes

from allegations of
NONCONSENSUAL SEXUAL ACTS?
01

Yes

02

No

➔ Do you record all reported allegations
or only substantiated ones?

➔ Can these be counted separately

➔ Skip to Item 11.
02

➔ Please provide an explanation in the space

No

01

All

02

Substantiated only

➔ Please provide an explanation in the space
below and then skip to Item 14.

below and then skip to Item 11.

9. Between January 1, 2013, and
December 31, 2013, how many allegations
of youth-on-youth ABUSIVE SEXUAL
CONTACT were reported?

12. Between January 1, 2013, and
December 31, 2013, how many allegations of
youth–on–youth SEXUAL HARASSMENT
were reported?
Number reported . . . . . .
None
• If an allegation involved multiple victims or staff,
count only once.

Number reported . . . . . .
None
• If an allegation involved multiple victims, count only
once.
• Exclude any allegations that were reported as
consensual.
10. Of the allegations reported in Item 9, how
many were — (Please contact the agency or
office responsible for investigating allegations of
sexual victimization in order to fully complete this
form.)

• Exclude any allegations that were reported as
consensual.
13. Of the allegations reported in Item 12, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

.......

None

a. Substantiated . . . . . . .

None

b. Unsubstantiated . . . . .

None

b. Unsubstantiated . . . . .

None

c. Unfounded . . . . . . . . . .

None

c. Unfounded

.........

None

d. Investigation ongoing . .

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items
10a through 10d) . . . . . . .

None

e. TOTAL (Sum of Items
13a through 13d) . . . . . . .

None

a. Substantiated

• The total should equal the number reported in
Item 9.

FORM SSV-5 (3-6-2014)

• The total should equal the number reported in
Item 12.

Page 4

Attachment 2 - SSV-5
Section III – STAFF-ON-YOUTH SEXUAL
ABUSE

14. Does your State juvenile system record
allegations of STAFF SEXUAL MISCONDUCT?
01

DEFINITIONS
The survey utilizes the definition of “sexual abuse” by a staff
member, contractor or volunteer as provided by 28 C.F.R.
§115.6 in the National Standards to Prevent, Detect, and
Respond to Prison Rape (under the Prison Rape Elimination
Act of 2003). For purposes of SSV, sexual abuse is
disaggregated into two categories of staff-on-youth sexual
abuse. These categories are:

02

Yes

No

➔ Do you record all reported

occurrences, or only substantiated
ones?
01

All

02

Substantiated only

➔ Please provide an explanation in the space
below and then skip to Item 17.

STAFF SEXUAL MISCONDUCT
Any behavior or act of a sexual nature directed toward an
inmate by an employee, volunteer, contractor, official visitor or
other agency representative (exclude family, friends or other
visitors.) Sexual relationships of a romantic nature between
staff and inmates are included in this definition.
Consensual or nonconsensual sexual acts including:
• Intentional touching of the genitalia, anus, groin, breast,
inner thigh, or buttocks that is unrelated to official duties
or with the intent to abuse, arouse, or gratify sexual
desire;
OR

15. Between January 1, 2013, and
December 31, 2013, how many allegations
of STAFF SEXUAL MISCONDUCT were
reported?
Number reported . . . . . .

• Completed, attempted, threatened, or requested sexual
acts;
OR
• Occurrences of indecent exposure, invasion of privacy,
or staff voyeurism for reasons unrelated to official duties
or for sexual gratification.
STAFF SEXUAL HARASSMENT

None

• If an allegation involved multiple victims, count only
once.
16. Of the allegations reported in Item 15, how
many were — (Please contact the agency or
office responsible for investigating allegations of
sexual victimization in order to fully complete this
form.)

Repeated verbal statements, comments or gestures of a
sexual nature to a youth by an employee, volunteer,
contractor, official visitor, or other agency representative
(exclude family, friends, or other visitors).

• Demeaning references to gender or derogatory
comments about body or clothing; sexually suggestive;
OR

• Repeated profane or obscene language or gestures.

a. Substantiated . . . . . . .

None

b. Unsubstantiated . . . . .

None

c. Unfounded . . . . . . . . . .

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items
16a through 16d) . . . . . . .

None

• The total should equal the number reported in
Item 15.

FORM SSV-5 (3-6-2014)

Page 5

Attachment 2 - SSV-5
17. Does your State juvenile system record
allegations of STAFF SEXUAL HARASSMENT?
(See definitions on page 5.)
01

02

Yes

No

Section IV – PRIVATE AND LOCAL ALLEGATIONS

20. Did any of the allegations reported in items 6, 9,
12, 15, or 18 occur in a privately operated
facility?

➔ Can these allegations be counted
separately from allegations of
STAFF SEXUAL MISCONDUCT?

➔

01

Yes

02

No

➔ Skip to Item 19.

01

Yes

02

No

21. Did any of the allegations reported in items 6, 9,
12, 15, or 18 occur in a facility operated or
administered by local governments?

Please provide an explanation in the space
below and then skip to Item 19.

01

Yes

02

No

Section V – TOTAL SUBSTANTIATED
INCIDENTS OF SEXUAL VICTIMIZATION
22. What is the total number of substantiated
incidents reported in Items 7a, 10a, 13a,
16a, and 19a?

18. Between January 1, 2013, and
December 31, 2013, how many allegations of
STAFF SEXUAL HARASSMENT were reported?

Number reported . . . . . .

Total substantiated
incidents . . . . . . . . . . . . .

None

➔ Please complete an Incident Form (Juvenile,
SSV-IJ) for each substantiated incident of
sexual victimization.

• If an allegation involved multiple victims, or staff count
only once.
19. Of the allegations reported in Item 18, how
many were — (Please contact the agency or
office responsible for investigating allegations of
sexual victimization in order to fully complete this
form.)
a. Substantiated . . . . . . .

None

b. Unsubstantiated . . . . .

None

c. Unfounded

.........

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items 19a
through 19d) . . . . . . . . . .

None

NOTES

• The total should equal the number reported in
Item 18.

FORM SSV-5 (3-6-2014)

None

Page 6

Attachment 2 - SSV-6
OMB No. 1121-0292: Approval Expires XXXXXX
U.S. DEPARTMENT OF JUSTICE

SSV-6

FORM
(3-4-2014)

SURVEY OF SEXUAL VICTIMIZATION, 2013
Locally or Privately-Operated Juvenile Facilities

BUREAU OF JUSTICE STATISTICS
AND ACTING AS COLLECTION AGENT

U.S. DEPT. OF COMMERCE
Economics and Statistics Administration

Summary Form

U.S. CENSUS BUREAU

DATA SUPPLIED BY

TELEPHONE
E-MAIL
ADDRESS

City

Number and street or P.O. Box/Route Number
Area code

Number

FAX
NUMBER

State

▼

OFFICIAL
ADDRESS

Title

▼▼▼

Name

Area Code

ZIP Code
Number

(Please correct any error in name, mailing address, and ZIP Code)

What facilities are included in this data collection?
All juvenile residential placement facilities operated or
administered by a local government and all privately owned or
operated facilities that are used to house juveniles and
youthful offenders, regardless of age or reason for placement.
• INCLUDE locally-operated juvenile residential facilities;
privately owned or operated juvenile residential facilities;
detention centers, training schools, long-term secure
facilities; reception or diagnostic centers; group homes or
halfway houses; boot camps; ranches; forestry camps,
wilderness or marine programs, or farms; runaway or
homeless shelters; and residential treatment centers for
juveniles.
• EXCLUDE State operated juvenile residential
facilities. (These facilities will be contacted
directly for data on sexual victimization.)
What persons and incidents are included in this
data collection?
Juveniles and youthful offenders, regardless of age or
reason for placement, under your custody between
January 1, 2013, and December 31, 2013.
• INCLUDE incidents involving juveniles or youthful
offenders under the authority, custody, or care of your
confinement or community-based facilities or staff.
• EXCLUDE incidents involving juveniles or
youthful offenders held in facilities operated
by your State juvenile system.

Reporting instructions:
•
•
•

Please complete the entire SSV-6 Form.
If the answer to a question is "not available" or "unknown,"
write "DK" (do not know) in the space provided.
If the answer to a question is "not applicable," write "NA"
in the space provided.

•

If the answer to a question is "none" or "zero," mark the
box ( X ) provided.

•

When exact numeric answers are not available, provide
estimates and mark ( X ) the box beside each figure.

Substantiated incidents of sexual violence:
• Please complete an Incident Form (Juvenile, SSV-IJ)
for each substantiated incident of sexual victimization.
Returning forms:
• If you need assistance, please call Greta Clark at the
U.S. Census Bureau toll–free at 1–888–369–3613,
option 2, or e-mail govs.ssv@census.gov
• Please return your completed questionnaire
and substantiated incident forms by
September 1, 2014.
• You may complete these forms online (see
enclosed instructions). Or if you prefer, you
may return these forms by mail or fax.
• MAIL TO: U.S. Census Bureau, P.O. Box 5000,
Jeffersonville, IN 47199-5000
• FAX (TOLL FREE): 1–812–218–3085

Burden Statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it displays a currently valid OMB
control number. The burden of this collection is estimated to average 30 minutes per response, including reviewing instructions, searching
existing data sources, gathering necessary data, and completing and reviewing this form. Send comments regarding this burden estimate or
any aspect of this survey, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street,
NW, Washington, DC 20531. Do not send your completed form to this address.

Attachment 2 - SSV-6
DEFINITIONS

3. On December 31, 2013, how many persons
held in this facility were —

JUVENILES and YOUTHFUL OFFENDERS
• Any person under the custody or care of a juvenile
residential facility owned or operated by a local
government or private agency.

a. Males . . . . . . . . . . . . . . . . . .

FACILITIES

b. Females

INCLUDE all juvenile residential placement facilities operated
or administered by a local government and all privately owned
or operated facilities that are used to house juveniles and
youthful offenders charged with or court-adjudicated for:

c. TOTAL(Sum of Items 3a to 3b) .

• Any offense that is illegal for both adults and juveniles;

...............

• Count persons held in the facility regardless of age or
reason for placement. Include persons who were
temporarily away but had assigned beds on
December 31, 2013.

OR
• An offense that is ILLEGAL in your State for juveniles,
but not for adults (running away, truancy, incorrigibility,
curfew violations, and liquor violations).

4. On December 31, 2013, how many persons
held in this facility were —

EXCLUDE all State-operated facilities and locally or
privately-operated facilities used ONLY to house juveniles for:
a. Age 17 or younger . . . . . . . .

• Non-criminal behavior (neglect, abuse, abandonment, or
dependency);
OR

b. Age 18 to 20

• Being Persons in Need of Services (PINS) or Children in
Need of Services (CHINS) who have assigned beds for
reasons other than offenses.

c. Age 21 or older . . . . . . . . . .

Section I – GENERAL INFORMATION

d. TOTAL (Sum of Items 4a to 4c
should equal Item 3c) . . . . . . . .

1. Is this facility owned by a —
01

Private agency

02

Native American Tribal Government

03

State

04

County

05

Local or municipal government

06

Other – Specify

............

• Count all persons held in the facility regardless of age
or reason for placement. Include persons who were
temporarily away but had assigned beds on
December 31, 2013.
5. Between January 1, 2013, and
December 31, 2013, how many persons were
admitted to or discharged from this facility?

a. TOTAL number admitted

2. Is this facility operated by a —
01

Private agency

02

Native American Tribal Government

03

State

04

County

05

Local or municipal government

06

Other – Specify

..

b. TOTAL number discharged .
• Include all persons admitted to this facility by a formal
legal document, by the authority of the courts, or by
some other official agency.
• Include all persons discharged from this facility after a
period of confinement including sentence completion,
pretrial releases, transfers to adult jurisdictions or to
other States, and deaths.
• Exclude admissions and discharges resulting from
returns from escape, administrative transfers to other
juvenile facilities, or temporary release including
work/school release, medical appointments, other
treatment facilities, or court appearances.

FORM SSV-6 (3-4-2014)

Page 2

Attachment 2 - SSV-6
Section II – YOUTH-ON-YOUTH SEXUAL VICTIMIZATION 6. Does your facility record allegations of
youth-on-youth NONCONSENSUAL SEXUAL
ACTS?
DEFINITIONS
01
Yes ➔ a. Do you record all reported
The survey utilizes the definition of “sexual abuse” as
occurrences, or only
provided by 28 C.F.R. §115.6 in the National Standards to
substantiated ones?
Prevent, Detect, and Respond to Prison Rape (under the
Prison Rape Elimination Act of 2003). For purposes of SSV,
01
All
sexual abuse is disaggregated into three categories of
Substantiated only
02
youth-on-youth sexual victimization. These categories are:
b. Do you record attempted
NONCONSENSUAL SEXUAL ACTS
or only completed ones?

NONCONSENSUAL SEXUAL ACTS
Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;

01
02

AND
• Contact between the penis and the vulva or the penis
and the anus including penetration, however slight;

02

No

Both attempted and completed
Completed only

➔ Please provide the definition used by your
facility for youth-on-youth NONCONSENSUAL
SEXUAL ACTS in the space below. Use that
definition to complete Items 7 and 8.

OR
• Contact between the mouth and the penis, vulva, or
anus;
OR
• Penetration of the anal or genital opening of another
person, however slight, by a hand, finger, object, or
other instrument.
ABUSIVE SEXUAL CONTACT

7. Between January 1, 2013, and December 31, 2013,
how many allegations of youth-on-youth
NONCONSENSUAL SEXUAL ACTS were reported?

Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;
AND

Number reported . . . . . .

• Intentional touching, either directly or through the
clothing, of the genitalia, anus, groin, breast, inner thigh,
or buttocks of any person.
• Exclude incidents in which the contact was incidental to
a physical altercation.
SEXUAL HARASSMENT

None

• If an allegation involved multiple victims, count only once.
• Exclude any allegations that were reported as consensual.
8. Of the allegations reported in Item 7, how many
were — (Please contact the agency or office responsible
for investigating allegations of sexual victimization in order
to fully complete this form.)

Repeated and unwelcome sexual advances, requests for
sexual favors, or verbal comments, gestures, or actions
of a derogatory or offensive sexual nature by one youth
directed toward another.

a. Substantiated

None

......

• The event was investigated and determined to have
occurred, based on the preponderance of evidence
(28 C.F.R. §115.72).
b. Unsubstantiated

None

....

• The investigation concluded that evidence was insufficient
to determine whether or not the event occurred.
None

c. Unfounded . . . . . . . . .

• The investigation determined that the event did NOT occur.
d. Investigation ongoing

.

None

• Evidence is still being gathered, processed or evaluated,
and a final determination has not yet been made.
e. TOTAL (Sum of Items
8a through 8d) . . . . . . . .

None

• The total should equal the number reported in Item 7.
FORM SSV-6 (3-4-2014)

Page 3

Attachment 2 - SSV-6
9. Does your facility record allegations of
youth-on-youth ABUSIVE SEXUAL CONTACT?
(See definitions on page 3.)
01

02

Yes

No

12. Does your facility record allegations of
youth-on-youth SEXUAL HARASSMENT?
(See definitions on page 3.)

➔ Can these be counted separately

01

from allegations of
NONCONSENSUAL SEXUAL ACTS?
01

Yes

02

No

Yes

➔ Do you record all reported

allegations or only substantiated
ones?

➔ Skip to Item 12.

➔ Please provide an explanation in the space

02

below and then skip to Item 12.

All

02

Substantiated only

➔ Please provide an explanation in the space
below and then skip to Item 15.

10. Between January 1, 2013, and
December 31, 2013, how many allegations of
youth-on-youth ABUSIVE SEXUAL CONTACT
were reported?
Number reported . . . . . .

No

01

13. Between January 1, 2013, and
December 31, 2013, how many allegations of
youth-on-youth SEXUAL HARASSMENT were
reported?
Number reported . . . . . .

None

None

• If an allegation involved multiple victimizations, count
only once.

• If an allegation involved multiple victims or multiple youth
perpetrators, count only once.

• Exclude any allegations that were reported as consensual.

• Exclude any allegations that were reported as consensual.

11. Of the allegations reported in Item 10, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

14. Of the allegations reported in Item 13, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

a. Substantiated . . . . . . .

None

a. Substantiated . . . . . . .

None

b. Unsubstantiated . . . . .

None

b. Unsubstantiated

....

None

c. Unfounded

None

c. Unfounded

.........

None

d. Investigation ongoing . .

None

d. Investigation ongoing

e. TOTAL (Sum of Items
11a through 11d) . . . . . . .

None

e. TOTAL (Sum of Items
14a through 14d) . . . . . . .

.........

• The total should equal the number reported in Item 10.

FORM SSV-6 (3-4-2014)

.

None

None

• The total should equal the number reported in Item 13.

Page 4

Attachment 2 - SSV-6
Section III – STAFF-ON-YOUTH SEXUAL ABUSE

15. Does your facility record allegations of STAFF
SEXUAL MISCONDUCT?

DEFINITIONS
Yes

01

The survey utilizes the definition of “sexual abuse” by a staff
member, contractor or volunteer as provided by 28 C.F.R.
§115.6 in the National Standards to Prevent, Detect, and
Respond to Prison Rape (under the Prison Rape Elimination
Act of 2003). For purposes of SSV, sexual abuse is
disaggregated into two categories of staff-on-youth sexual
abuse. These categories are:

02

STAFF SEXUAL MISCONDUCT

No

➔ Do you record all reported

occurrences, or only substantiated
ones?
01

All

02

Substantiated only

➔ Please provide an explanation in the space
below and then skip to Item 18.

Any behavior or act of a sexual nature directed toward a youth by
an employee, volunteer, contractor, official visitor or other agency
representative (exclude family, friends or other visitors.) Sexual
relationships of a romantic nature between staff and youth are
included in this definition.
Consensual or nonconsensual sexual acts including:
• Intentional touching of the genitalia, anus, groin, breast,
inner thigh, or buttocks that is unrelated to official duties or
with the intent to abuse, arouse, or gratify sexual desire;
OR
• Completed, attempted, threatened, or requested sexual acts;
16. Between January 1, 2013, and
December 31, 2013, how many allegations of
STAFF SEXUAL MISCONDUCT were reported?

OR
• Occurrences of indecent exposure, invasion of privacy,
or staff voyeurism for reasons unrelated to official duties
or for sexual gratification.

Number reported . . . . . .

STAFF SEXUAL HARASSMENT
Repeated verbal statements, comments or gestures of a sexual
nature to a youth by an employee, volunteer, contractor, official
visitor, or other agency representative (exclude family, friends,
or other visitors).
• Demeaning references to gender or derogatory
comments about body or clothing; sexually suggestive;

None

• If an allegation involved multiple victims, count only once.
17. Of the allegations reported in Item 16, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

OR

a. Substantiated

• Repeated profane or obscene language or gestures.

......

None

....

None

c. Unfounded . . . . . . . . .

None

d. Investigation ongoing

None

e. TOTAL (Sum of Items
17a through 17d) . . . . . .

None

b. Unsubstantiated

• The total should equal the number reported in Item 16.

FORM SSV-6 (3-4-2014)

Page 5

Attachment 2 - SSV-6
Section IV – TOTAL SUBSTANTIATED
INCIDENTS OF SEXUAL VICTIMIZATION

18. Does your facility record allegations of STAFF
SEXUAL HARASSMENT ? (See definitions on page 5.)
Yes

01

No

02

➔ Can these allegations be counted

21. What is the total number of substantiated
incidents reported in Items 8a, 11a, 14a,
17a, and 20a.

separately from allegations of
STAFF SEXUAL MISCONDUCT?
01

Yes

02

No

➔ Skip to Item 21

Total substantiated
incidents . . . . . . . . . . . . .

None

➔ Please provide an explanation in the space
below and then skip to Item 21.

➔ Please complete an Incident Form (Juvenile,
SSV-IJ) for each substantiated incident of
sexual victimization.

NOTES

19. Between January 1, 2013, and
December 31, 2013, how many allegations of
STAFF SEXUAL HARASSMENT were reported?

Number reported . . . . . .

None

• If an allegation involved multiple victims or staff, count
only once.
20. Of the allegations reported in Item 19, how
many were — (Please contact the agency or office
responsible for investigating allegations of sexual
victimization in order to fully complete this form.)

a. Substantiated . . . . . . .

None

b. Unsubstantiated . . . . .

None

c. Unfounded . . . . . . . . . .

None

d. Investigation ongoing .

None

e. TOTAL (Sum of Items 20a
through 20d) . . . . . . . . . .

None

•

The total should equal the number reported in Item 19.

FORM SSV-6 (3-4-2014)

Page 6

Attachment 2 - SSV-IA
OMB No. 1121-0292: Approval Expires XX/XX/XXXX

SSV-IA

FORM
(3-6-2014)

U.S. DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS

SURVEY OF SEXUAL VICTIMIZATION, 2013

and ACTING AS COLLECTION AGENT

U.S. DEPT. OF COMMERCE

Incident Form (Adult)

Economics and Statistics Admin.

U.S. CENSUS BUREAU

Incident Number ___ out of ___
1. On what date did the incident occur?
(If more than one date, report the most recent.)
Month Day
Year

6. How many victims were involved in the incident?
Number of victims . . .
➔ If more than two victims were reported,
report these characteristics in Notes.

2. In what facility did the incident occur?
Name

7. Victim #1: What was the victim’s gender?
(See definitions on page 5.)

City/Place

3. Where did the incident occur? (Mark ( X ) all that apply.)

01

Male

03

Transgender

02

Female

04

Intersex

8. Victim #1: What was the victim’s age at the
time of the incident?

01

In the victim’s cell or room (e.g., if the victim and perpetrator
share a cell or room, count as the victim’s cell)

02

In the perpetrator’s cell or room
In a dormitory or other multiple housing unit

02

In a common area (e.g., shower, dayroom, or bathroom)
In a temporary holding cell or intake area within the
facility
In a program service area (e.g., commissary, kitchen,
storage, laundry, cafeteria, workshop, or hallway)
Instructional area (e.g., classroom, school, library,
conference room)

04

03
04
05
06
07

03

08

Recreation area (e.g., yard, courtyard, gymnasium)

09
10

Medical area (e.g., infirmary, health clinic)
Staff area (e.g., office, break room, or counselor’s office)

11

Offsite or while in transit

12

Other – Specify

13

Location unknown

02
03

Yes
No
Don’t know

5. What time did the incident occur?
(Mark ( X ) all that apply.)
01
Morning (6 a.m. to noon)
02
Afternoon (noon to 6 p.m.)
03
Evening (6 p.m. to midnight)
04
Overnight (midnight to 6 a.m.)
Time unknown
05

Under age 18
18 – 24
25 – 29
30 – 34

05
06
07
08

35 – 39
40 – 44
45 – 54
55 and over

9. Victim #1: What was the victim’s race/ethnic origin?
(Mark ( X ) all that apply.)
01
02
03
04
05
06
07

4. Did the incident take place in an area subject to
video monitoring?
01

01

White (not of Hispanic origin)
Black (not of Hispanic origin)
Hispanic or Latino
American Indian/Alaska Native (not of Hispanic origin)
Asian (not of Hispanic origin)
Native Hawaiian or Other Pacific Islander
(not of Hispanic origin)
Other racial category in your information system –
Specify

10. Victim #2: What was the victim’s gender?
(See definitions on page 5.)
01

Male

03

Transgender

02

Female

04

Intersex

11. Victim #2: What was the victim’s age at the
time of the incident?
05
35 – 39
01
Under age 18
40 – 44
06
02
18 – 24
03
25 – 29
45 – 54
07
30 – 34
04
55 and over
08

Burden Statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it displays a currently valid OMB
control number. The burden of this collection is estimated to average 30 minutes per response, including reviewing instructions, searching
existing data sources, gathering necessary data, and completing and reviewing this form. Send comments regarding this burden estimate or
any aspect of this survey, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street, NW,
Washington, DC 20531. Do not send your completed form to this address.

Attachment 2 - SSV-IA
12. Victim #2: What was the victim’s race/ethnic origin?
(Mark ( X ) all that apply.)
01
02
03
04
05
06
07

White (not of Hispanic origin)
Black (not of Hispanic origin)
Hispanic or Latino
American Indian/Alaska Native (not of Hispanic origin)
Asian (not of Hispanic origin)
Native Hawaiian or Other Pacific Islander
(not of Hispanic origin)
Other racial category in your information system –
Specify

13. Did the victim(s) sustain any physical injury
during the incident?
02
01

No (No injury sustained)
Yes ➔ a. What injuries occurred?
(Mark ( X
x ) all that apply for all victims.)
Knife or stab wounds
01
Broken bones
02
Anal or vaginal tearing
03
Chipped or knocked out teeth
04
Internal injuries
05
Knocked unconscious
06
07
Bruises, black eye, sprains, cuts,
scratches, swelling, welts
08
Other – Specify

➔ b. Did the victim(s) receive medical
treatment for these injuries?
01
Yes
02
No
14. Who reported the incident?
(Mark ( X ) all that apply.)
01
Victim
Another inmate (non-victim)
02
Victim’s family or friend
03
Correctional officer or front line staff
04
Administrative staff
05
Medical, healthcare, or mental health staff
06
Instructor, teacher, or counselor
07
Other staff (e.g., kitchen worker, maintenance)
08
Chaplain or other religion official
09
Perpetrator
10
Perpetrator’s family or friend
11
Grievance coordinator, grievance process, or
12
ombudsperson
Attorney or legal guardian (e.g., other than family member)
13
Confidential informant, anonymous tip, hot line, or
14
through monitoring (e.g., camera, telephone, or mail)
Other – Specify
15

Page 2

15. After the incident was reported, was the
victim(s) – (Mark ( X ) all that apply for all victims.)
01
Given a medical examination
02
Administered a rape kit
03
Tested for HIV/AIDS
04
Tested for other sexually transmitted diseases
05
Provided with counseling or mental health
treatment
06
Offered but declined testing or treatment
07
Already released/discharged
08
None of the above
16. After the incident was reported, was the
victim(s) – (Mark ( X ) all that apply for all victims.)
01
02
03
04
05
06
07
08

Placed in or returned to administrative segregation,
protective custody, or disciplinary segregation
Placed in a medical unit, ward, or hospital
Confined to own cell or room
Given a higher custody level or different unit within
the facility
Transferred to another facility
Transferred to another housing unit or dorm, or
given a single room or cell
Separated from perpetrator
Issued disciplinary report or loss of privileges

10

Placed in camera room, under closer surveillance,
or increased supervision
Other – Specify

11

None of the above

09

17. What type of sexual violence was involved in
the incident? (See definitions on page 5.)
01
02
03
04
05

Inmate-on-inmate nonconsensual sexual act
→ Complete Section A
Inmate-on-inmate abusive sexual contact
→ Complete Section A
Inmate-on-inmate sexual harassment
→ Complete Section A
Staff sexual misconduct → Complete Section B
Staff sexual harassment → Complete Section B

Section A – INMATE-ON-INMATE SEXUAL VICTIMIZATION
18. How many perpetrators were involved in the
incident?
Number of perpetrators . . . .
Š If more than two perpetrators were involved,
report these characteristics in Notes.

FORM SSV-IA (3-6-2014)

Attachment 2 - SSV-IA
19. Perpetrator #1: What was the perpetrator’s
gender? (See definitions on page 5.)
01
02

Male
Female

03
04

01

Transgender

02

Intersex

03

20. Perpetrator #1: What was the perpetrator’s age
at the time of the incident?
01
02
03

Under age 18
18–24
25–29

04
05
06

30–34
35–39
40–44

25. What was the nature of the incident?
(Mark ( X ) all that apply.)

07
08

45–54
55 and over

04
05
06
07

21. Perpetrator #1: What was the perpetrator’s race/
ethnic origin? (Mark ( X ) all that apply.)
01
02
03
04
05
06
07

White (not of Hispanic origin)
Black (not of Hispanic origin)
Hispanic or Latino
American Indian/Alaska Native (not of Hispanic
origin)
Asian (not of Hispanic origin)
Native Hawaiian or Other Pacific Islander
(not of Hispanic Origin)
Other racial category in your information system –
Specify

22. Perpetrator #2: What was the perpetrator’s
gender? (See definitions on page 5.)
01

Male

03

Transgender

02

Female

04

Intersex

08
09

01
02
03

Under age 18
18–24
25–29

04
05
06

30–34
35–39
40–44

07
08

45–54
55 and over

24. Perpetrator #2: What was the perpetrator’s race/
ethnic origin? (Mark ( X ) all that apply.)
01
02
03
04
05
06
07

Unwanted touching for sexual gratification or
abusive sexual contact
Pressure or coercion (without force) resulting in a
nonconsensual sexual act
Physical force (or the threat of force) resulting
in a nonconsensual sexual act
Other – Specify

26. What type of pressure or physical force was
used by the perpetrator on the victim?
(Mark ( X ) all that apply for all perpetrators.)
Sexual harassment, sexual innuendo, or verbal
01
comments
Persuasion or talked into sexual activity
02
03
Surprised the victim with unwanted touching,
grabbing or groping, or victim was asleep
05

Bribery or blackmail
Gave victim drugs or alcohol

06

Offered protection from other inmates

07

11

Threatened with physical harm
Physically held victim down or restrained in
some way
Physically harmed or injured
Threatened with a weapon
Other – Specify

12

None

04

08

23. Perpetrator #2: What was the perpetrator’s age
at the time of the incident?

Voluntary sexual contact between adults
Sexual harassment
Indecent exposure, masturbation, or voyeurism
Horseplay
Repeated and unwelcome sexual advances or
requests for sexual favors

09
10

27. What sanction was imposed on the perpetrator(s)?
White (not of Hispanic origin)
(Mark ( X ) all that apply for all perpetrators.)
Black (not of Hispanic origin)
01
Placed in solitary confinement or disciplinary
Hispanic or Latino
segregation
American Indian/Alaska Native (not of Hispanic
02
Confined to own cell or room
origin)
03
Placed in higher custody level, restricted unit or
Asian (not of Hispanic origin)
program, within the same facility
Native Hawaiian or Other Pacific Islander
04
Transferred
to other unit/cell or separated from victim
(not of Hispanic Origin)
Transferred
to
another facility
05
Other racial category in your information system –
Specify
06
Loss of "good/gain" time, increase in "bad" time or
delayed release
07
Given extra work
08
Loss of privileges, disciplinary report or conduct
violation, or other reprimand
09
Sent to counseling or treatment team
10
Arrested or referred to law enforcement agency
Referred for prosecution or indicted
11
Convicted, given new sentence, or fined
12
Other – Specify
13

FORM SSV-IA (3-6-2014)

Page 3

Attachment 2 - SSV-IA
Section B – STAFF-ON-INMATE SEXUAL
ABUSE
28. What was the nature of the incident?
(Mark ( X ) all that apply.)
01
02
03
04
05
06
07
08

09

34. Staff #2: What was the age of the staff at the
time of the incident?
01
02

➔ If more than two staff were involved, report
these characteristics in Notes.

Male

02

01
02

04

24 or younger
25 – 29
30 – 34
35 – 39

05
06
07

40 – 44
45 – 54
55 or older

01
03
04
05
06
07

37. What was the primary position description of
the staff involved in the incident?
(Mark ( X ) all that apply for all staff involved.)
01
02

32. Staff #1: What was the race/ethnic origin of the
staff involved in the incident?
(Mark ( X ) all that apply.)
02

04

Full or part–time paid employee
Contract employee or vendor
Volunteer or intern
Other – Specify

Female

31. Staff #1: What was the age of the staff at the
time of the incident?

03

40 – 44
45 – 54
55 or older

36. Was the staff involved in the incident an employee
of the facility, a contractor, or a volunteer?
(Mark ( X ) all that apply for all staff involved.)

03

30. Staff #1: What was the gender of the staff?

02

06

Level of coercion unknown

Number of staff . . . .

01

05

Physical force resulting in a nonconsensual
03
07
sexual act
04
Pressure or abuse of power resulting in a
35. Staff #2: What was the race/ethnic origin of the
nonconsensual sexual act
staff involved in the incident?
Indecent exposure, invasion of privacy, or
(Mark ( X ) all that apply.)
voyeurism for sexual gratification
White (not of Hispanic origin)
01
Unwanted touching for sexual gratification
02
Black (not of Hispanic origin)
Sexual harassment or repeated verbal statements
03
Hispanic or Latino
of a sexual nature by staff
American Indian/Alaska Native (not of Hispanic
04
Wrote letters to inmate, showed pictures,
origin)
offered gifts, or special privileges
05
Asian (not of Hispanic origin)
Sexual relationship between inmate and staff
that appeared to be willing
Native Hawaiian or Other Pacific Islander
06
(not of Hispanic origin)
Other – Specify
07
Other racial category in your information system –
Specify

29. How many staff were involved in the incident?

01

24 or younger
25 – 29
30 – 34
35 – 39

White (not of Hispanic origin)
Black (not of Hispanic origin)
Hispanic or Latino
American Indian/Alaska Native (not of Hispanic
origin)
Asian (not of Hispanic origin)
Native Hawaiian or Other Pacific Islander
(not of Hispanic origin)
Other racial category in your information system –
Specify

03
04

05

06
07
08
09

Administrator, including wardens, superintendents,
assistants and others in administrative positions
Correctional officer or supervision staff
Clerical including secretaries, clerks,
receptionists, and other administrative support
Maintenance and other facility support staff,
including groundskeepers, janitors, cooks, and
drivers
Medical or health care staff, including counselors,
doctors, dentists, psychologists, psychiatrists,
social workers, nurses, and medical assistants
Education staff, including instructors, teachers,
librarians, and education assistants
Other program staff
Volunteers or Interns
Other staff – Specify

33. Staff #2: What was the gender of the staff?
01

Male

03

Transgender

02

Female

04

Intersex

Page 4

FORM SSV-IA (3-6-2014)

Attachment 2 - SSV-IA
38. What sanction was imposed on the staff?
(Mark ( X ) all that apply for all staff involved.)
01
02
03
04
05
06
07
08
09
10
11

12

Sent to training or counseling
Reprimanded or disciplined
Demoted or diminished responsibilities, or
temporary suspension
Transferred to another facility or unit
Arrested or referred to law enforcement agency
Referred for prosecution or indicted
Convicted, plead guilty, sentenced, or fined
Discharged, terminated, or contract not renewed
Staff resigned (prior to completion of investigation)
Staff resigned (after investigation was completed)
Other – Specify

No action taken

39. At the time of the incident, how long had the
staff worked at the facility?
(Mark ( X ) all that apply for all staff involved.)
01
Less than 6 months
6 months to 1 year
02
1 to 5 years
03
5 to 10 years
04
More than 10 years
05

NOTES

Definitions
Sexual victimization:
NONCONSENSUAL SEXUAL ACTS Sexual contact of any
person without his or her consent, or of a person who is
unable to consent or refuse;
AND
Contact between the penis and the vulva or the penis
and the anus including penetration, however slight; OR
Contact between the mouth and the penis, vulva, or
anus;
OR
Penetration of the anal or genital opening of another person,
however slight, by a hand, finger, object, or other instrument
ABUSIVE SEXUAL CONTACT (less severe) Sexual
contact of any person without his or her consent, or of a
person who is unable to consent or refuse;
AND
Intentional touching, either directly or through the clothing,
of the genitalia, anus, groin, breast, inner thigh, or buttocks
of any person:
EXCLUDE
Incidents in which the contact was incidental to a physical
altercation.
SEXUAL HARASSMENT BY ANOTHER INMATE Repeated
and unwelcome sexual advances, requests for sexual favors,
or verbal comments, gestures, or actions of a derogatory or
offensive sexual nature by one inmate directed toward
another.
STAFF SEXUAL MISCONDUCT Any behavior or act of a
sexual nature directed toward an inmate by an employee,
volunteer, contractor, official visitor or other agency
representative (exclude family, friends or other visitors.)
Sexual relationships of a romantic nature between staff and
inmates are included in this definition.
Consensual or nonconsensual sexual acts including:
Intentional touching of the genitalia, anus, groin, breast,
inner thigh, or buttocks that is unrelated to official duties
or with the intent to abuse, arouse, or gratify sexual desire;
OR
Completed, attempted, threatened, or requested sexual acts;
OR
Occurrences of indecent exposure, invasion of privacy, or
staff voyeurism for reasons unrelated to official duties or for
sexual gratification.
STAFF SEXUAL HARASSMENT Repeated verbal
statements, comments or gestures of a sexual nature to an
inmate by an employee, volunteer, contractor, official visitor,
or other agency representative (excludes family, friends, or
other visitors). Demeaning references to gender or derogatory
comments about body or clothing; sexually suggestive;
OR
Repeated profane or obscene language or gestures.
Gender categories:
TRANSGENDER A person whose gender identity (i.e.,
internal sense of feeling male or female) is different from
the person’s assigned sex at birth.
INTERSEX A person whose sexual or reproductive anatomy
or chromosomal pattern does not seem to fit typical
definitions of male or female. Intersex medical conditions
are sometimes referred to as disorders of sex development.

FORM SSV-IA (3-6-2014)

Page 5

Attachment 2 - SSV-IJ
OMB No. 1121-0292: Approval Expires xx/xx/xxxx

SSV-IJ

FORM
(3-7-2014)

U.S. DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS

SURVEY OF SEXUAL VICTIMIZATION, 2013

and ACTING AS COLLECTION AGENT

U.S. DEPT. OF COMMERCE

Incident Form (Juvenile)

Economics and Statistics Admin.

U.S. CENSUS BUREAU

State

Incident Number ___ out of ___
6. How many victims were involved in the incident?

1. On what date did the incident occur?
(If more than one date, report the most recent.)
Month Day
Year

Number of victims . . . .
➔ If more than two victims were involved, report
these characteristics in Notes.

2. In what facility did the incident occur?
Name
7. Victim #1: What was the victim’s gender?
(See definitions on page 5.)

City/Place

01
02

Male
Female

03
04

Transgender
Intersex

3. Where did the incident occur? (Mark ( X ) all that apply.)
01

02
03
04
05
06
07
08
09
10
11
12

13

8. Victim #1: What was the victim’s age at the time
of the incident?
In the victim’s cell or room (e.g., if the victim and
perpetrator share a cell or room, count as the victim’s
05
20–24
01
Under the age of 13
cell)
02
13–15
06
25 or older
In the perpetrator’s cell or room
03
16–17
In a dormitory or other multiple housing unit
18–19
04
In a common area (e.g., shower, dayroom, or bathroom)
In a temporary holding cell or admissions area within 9. Victim #1: What was the victim’s race/ethnic origin?
the facility
(Mark ( X ) all that apply.)
In a program service area (e.g., commissary, kitchen,
White (not of Hispanic origin)
01
storage, laundry, cafeteria, workshop, or hallway)
Black (not of Hispanic origin)
02
Instructional area (e.g., classroom, school, library,
Hispanic or Latino
03
conference room)
04
American Indian/Alaska Native (not of Hispanic origin)
Recreation area (e.g., yard, courtyard, gymnasium)
05
Asian (not of Hispanic origin)
Medical area (e.g., Infirmary, health clinic)
06
Native
Hawaiian or Other Pacific Islander
Staff area (office, break room, counselor’s office)
(not
of
Hispanic origin)
Offsite or while in transit
Other racial category in your information system –
07
Other – Specify
Specify
Location unknown

4. Did the incident take place in an area subject to
video monitoring?
01
02
03

Yes
No
Don’t know

5. What time did the incident occur?
(Mark ( X ) all that apply.)
01
02
03
04
05

Morning (6 a.m. to noon)
Afternoon (noon to 6 p.m.)
Evening (6 p.m. to midnight)
Overnight (midnight to 6 a.m.)
Unknown

10. Victim #2: What was the victim’s gender?
(See definitions on page 5.)
01
02

Male
Female

03
04

Transgender
Intersex

11. Victim #2: What was the victim’s age at the time
of the incident?
01
02
03
04

Under the age of 13
13–15
16–17
18–19

05
06

20–24
25 or older

Burden Statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it displays a currently valid OMB
control number. The burden of this collection is estimated to average 30 minutes per response, including reviewing instructions, searching
existing data sources, gathering necessary data, and completing and reviewing this form. Send comments regarding this burden estimate or
any aspect of this survey, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street, NW,
Washington, DC 20531. Do not send your completed form to this address.

Attachment 2 - SSV-IJ
12. Victim #2: What was the victim’s race/ethnic origin?
(Mark ( X ) all that apply.)
01
02
03
04
05
06
07

White (not of Hispanic origin)
Black (not of Hispanic origin)
Hispanic or Latino
American Indian/Alaska Native (not of Hispanic origin)
Asian (not of Hispanic origin)
Native Hawaiian or Other Pacific Islander
(not of Hispanic origin)
Other racial category in your information system –
Specify

13. Did the victim(s) sustain any physical injury
during the incident?
02
01

No (No injury sustained)
Yes ➔ a. What injuries occurred?
(Mark ( X ) all that apply for all victims.)
Knife or stab wounds
01
Broken bones
02
Anal or vaginal tearing
03
Chipped or knocked out teeth
04
Internal injuries
05
Knocked unconscious
06
07
Bruises, black eye, sprains, cuts,
scratches, swelling, welts
08
Other – Specify
➔ b. Did the victim(s) receive medical
treatment for these injuries?
01
Yes
02
No

15. After the incident was reported, was the
victim(s) – (Mark ( X ) all that apply for all victims.)
01
Given a medical examination
02
Administered a rape kit
03
Tested for HIV/AIDS
04
Tested for other sexually transmitted diseases
05
Provided with counseling or mental health
treatment
06
Offered but declined testing or treatment
07
Already released/discharged
08
None of the above
16. After the incident was reported, was the
victim(s) – (Mark ( X ) all that apply for all victims.)
01
Placed in or returned to administrative segregation,
protective custody, or disciplinary segregation
02
Placed in a medical unit, ward, or hospital
03
Confined to own cell or room
04
Given a higher custody level/different unit within
the facility
05
Transferred to another facility
06
Transferred to another housing unit or dorm, or
given a single room or cell
07
Separated from perpetrator
08
Issued disciplinary report or loss of privileges
09
Placed in camera room, under closer surveillance,
or increased supervision
10
Other – Specify

11

None of the above

17. What type of sexual violence was involved in
the incident? (See definitions on page 5.)
01
Youth–on–youth nonconsensual sexual act
➔ Complete Section A
02
Youth–on–youth abusive sexual contact
➔ Complete Section A
03
Youth–on–youth abusive sexual harassment
➔ Complete Section A
04
Staff sexual misconduct ➔ Complete Section B
05
Staff sexual harassment ➔ Complete Section B

14. Who reported the incident?
(Mark ( X ) all that apply.)
01
Victim
Another youth (non-victim)
02
Victim’s family or friend
03
Correctional officer or front line staff
04
Administrative staff
05
Medical, healthcare, or mental health staff
06
Instructor, teacher, or counselor
07
Other staff (e.g., kitchen worker, maintenance)
08
Chaplain or other religious official
09
Perpetrator
10
Perpetrator’s family or friend
11
Grievance coordinator, grievance process, or
12
ombudsperson
Section A – YOUTH-ON-YOUTH SEXUAL VICTIMIZATION
Attorney or legal guardian (e.g., other than family
13
18. How many perpetrators were involved in the
member)
incident?
Confindential informant, anonymous tip, hot line,
14
or through monitoring (e.g., camera, telephone, or
Number of perpetrators . . . .
mail)
➔ If more than two perpetrators were involved,
Other – Specify
15
report these characteristics in Notes.

Page 2

FORM SSV-IJ (3-7-2014)

Attachment 2 - SSV-IJ
19. Perpetrator #1: What was the perpetrator’s
gender? (See definitions on page 5.)
01
02

Male
Female

03
04

Transgender
Intersex

20. Perpetrator #1: What was the perpetrator’s age
at the time of the incident?
01
02
03

Under the age of 13
13–15
16–17

04
05
06

18–19
20–24
25 or older

21. Perpetrator #1: What was the perpetrator’s race/
ethnic origin? (Mark ( X ) all that apply.)
01
02
03
04
05
06
07

White (not of Hispanic origin)
Black (not of Hispanic origin)
Hispanic or Latino
American Indian/Alaska Native (not of Hispanic
origin)
Asian (not of Hispanic origin)
Native Hawaiian or Other Pacific Islander
(not of Hispanic Origin)
Other racial category in your information system –
Specify

22. Perpetrator #2: What was the perpetrator’s
gender? (See definitions on page 5.)
01
02

Male
Female

03
04

Transgender
Intersex

23. Perpetrator #2: What was the perpetrator’s age
at the time of the incident?
01
02
03

Under the age of 13
13–15
16–17

04
05
06

18–19
20–24
25 or older

25. What was the nature of the incident?
(Mark ( X ) all that apply.)
01 X
02
03
04
05
06
07
08
09

Voluntary sexual contact between youths
Sexual harassment
Indecent exposure, masturbation, or voyeurism
Horseplay
Repeated and unwelcome sexual advances or
requests for sexual favors
Unwanted touching for sexual gratification or
abusive sexual contact
Pressure or coercion (without force) resulting
in a nonconsensual sexual act
Physical force (or the threat of force) resulting
in a nonconsensual sexual act
Other – Specify

26. What type of pressure or physical force was
used by the perpetrator on the victim?
(Mark ( X ) all that apply for all perpetrators.)
01 X Sexual harassment, sexual innuendo, or
verbal comments
Persuasion or talked into sexual activity
02
03
Surprised the victim with unwanted touching,
grabbing or groping, or victim was asleep
04
Bribery or blackmail
05
Gave victim drugs or alcohol
06
Offered protection from other youth
07
Threatened with physical harm
Physically held victim down or restrained in
08
some way
09
Physically harmed or injured
Threatened with a weapon
10
11
Other – Specify

24. Perpetrator #2: What was the perpetrator’s race/
ethnic origin? (Mark ( X ) all that apply.)
01
02
03
04
05
06
07

12
None
White (not of Hispanic origin)
Black (not of Hispanic origin)
27. What sanction was imposed on the perpetrator(s)?
Hispanic or Latino
(Mark ( X ) all that apply for all perpetrators.)
American Indian/Alaska Native (not of Hispanic
01
Placed in solitary confinement or disciplinary
origin)
segregation
Asian (not of Hispanic origin)
02
Confined to own cell or room
Native Hawaiian or Other Pacific Islander
03
Placed in higher custody level, restricted unit or
(not of Hispanic Origin)
program, within the same facility
Other racial category in your information system –
04
Transferred to other unit/cell or separated from
Specify
victim
05
Transferred to another facility
06
Loss of "good/gain" time or increase in "bad"
time/delayed release
07
Given extra work
08
Loss of privileges, disciplinary report or conduct
violation, or other reprimand
09
Sent to counseling or treatment team
10
Arrested or referred to law enforcement agency
11
Referred for prosecution or indicted
12
Convicted, given new sentence, or fined
Other – Specify
13

FORM SSV-IJ (3-7-2014)

Page 3

Attachment 2 - SSV-IJ
Section B – STAFF-ON-YOUTH SEXUAL ABUSE
28. What was the nature of the incident?
(Mark ( X ) all that apply.)
Physical force resulting in a nonconsensual
sexual act
Pressure or abuse of power resulting in a
nonconsensual sexual act
Indecent exposure, invasion of privacy, or
voyeurism for sexual gratification
Unwanted touching for sexual gratification
Sexual harassment or repeated verbal statements
of a sexual nature by staff
Wrote letters to youth, showed pictures, offered
gifts, or special privileges
Sexual relationship between youth and staff
that appeared to be willing
Other – Specify

01
02
03
04
05
06
07
08

33. Staff #2: What was the gender of the staff?
01

02

Female

34. Staff #2: What was the age of the staff at the
time of the incident?
01
02
03
04

24 or younger
25 – 29
30 – 34
35 – 39

05
06
07

40 – 44
45 – 54
55 or older

35. Staff #2: What was the race/ethnic origin of the
staff involved in the incident?
(Mark ( X ) all that apply.)
01
02
03
04
05
06

Level of coercion unknown

09

Male

07

29. How many staff were involved in the incident?

White (not of Hispanic origin)
Black (not of Hispanic origin)
Hispanic or Latino
American Indian/Alaska Native (not of Hispanic
origin)
Asian (not of Hispanic origin)
Native Hawaiian or Other Pacific Islander
(not of Hispanic origin)
Other racial category in your information system –
Specify

Number of staff . . . . .

➔ If more than two staff were involved, report
these characteristics in Notes.
30. Staff #1: What was the gender of the staff?
01

Male

02

Female

36. Was the staff involved in the incident an employee
of the facility, a contractor, or a volunteer?
(Mark ( X ) all that apply for all staff involved.)
01
02
03

31. Staff #1: What was the age of the staff at the
time of the incident?
01
02
03
04

24 or younger
25 – 29
30 – 34
35 – 39

05
06
07

40 – 44
45 – 54
55 or older

32. Staff #1: What was the race/ethnic origin of the
staff involved in the incident?
(Mark ( X ) all that apply.)
01
02
03
04
05
06
07

White (not of Hispanic origin)
Black (not of Hispanic origin)
Hispanic or Latino
American Indian/Alaska Native (not of Hispanic
origin)
Asian (not of Hispanic origin)
Native Hawaiian or Other Pacific Islander
(not of Hispanic origin)
Other racial category in your information system –
Specify

04

37. What was the primary position description of
the staff involved in the incident?
(Mark ( X ) all that apply for all staff involved.)

08

Administrator, including wardens,
superintendents, assistants and others in
administrative positions
Correctional officer or supervision staff
Clerical including secretaries, clerks,
receptionists, and other administrative support
Maintenance and other facility support staff,
including groundskeepers, janitors, cooks, and
drivers
Medical or health care staff, including counselors,
doctors, dentists, psychologists, psychiatrists,
social workers, nurses, and medical assistants
Education staff, including instructors, teachers,
librarians, and education assistants
Other program staff
Volunteers or Interns

09

Other staff – Specify

01

02
03
04

05

06
07

Page 4

Full or part–time paid employee
Contract employee or vendor
Volunteer or intern
Other – Specify

FORM SSV-IJ (3-7-2014)

Attachment 2 - SSV-IJ
Definitions

38. What sanction was imposed on the staff?
(Mark ( X ) all that apply for all staff involved.)
01
02
03

04
05

Sent to training or counseling
Reprimanded or disciplined
Demoted or diminished responsibilities, or
temporary suspension
Transferred to another facility or unit
Arrested or referred to outside law enforcement
agency

10

Referred for prosecution or indicted
Convicted, plead guilty, sentenced, or fined
Discharged, terminated, or contract not renewed
Staff resigned (prior to completion of investigation)
Staff resigned (after investigation was completed)

11

Other – Specify

12

No action taken

06
07
08
09

39. At the time of the incident, how long had the
staff worked at the facility?
(Mark ( X ) all that apply for all staff involved.)
01
Less than 6 months
6 months to 1 year
02
1 to 5 years
03
5 to 10 years
04
More than 10 years
05

NOTES

Sexual victimization:
NONCONSENSUAL SEXUAL ACTS Sexual contact of any
person without his or her consent, or of a person who is
unable to consent or refuse;
AND
Contact between the penis and the vulva or the penis and
the anus including penetration, however slight; OR Contact
between the mouth and the penis, vulva, or anus;
OR
Penetration of the anal or genital opening of another person,
however slight, by a hand, finger, object, or other instrument.
ABUSIVE SEXUAL CONTACT (less severe) Sexual contact
of any person without his or her consent, or of a person who
is unable to consent or refuse;
AND
Intentional touching, either directly or through the clothing, of
the genitalia, anus, groin, breast, inner thigh, or buttocks of
any person.
EXCLUDE
Incidents in which the contact was incidental to a physical
altercation.
SEXUAL HARASSMENT BY ANOTHER YOUTH Repeated
and unwelcome sexual advances, requests for sexual favors, or
verbal comments, gestures, or actions of a derogatory or
offensive sexual nature by one youth directed toward another.
STAFF SEXUAL MISCONDUCT Any behavior or act of a
sexual nature directed toward a youth by an employee,
volunteer, contractor, official visitor, or other agency
representative (exclude family, friends, or other visitors).
Sexual relationships of a romantic nature between staff and
youth are included in this definition.
Consensual or nonconsensual sexual acts including:
Intentional touching of the genitalia, anus, groin, breast, inner
thigh, or buttocks that is unrelated to official duties or with
intent to abuse, arouse, or gratify sexual desire;
OR
Completed, attempted, threatened, or requested sexual acts;
OR
Occurrences of indecent exposure, invasion of privacy, or
staff voyeurism for reasons unrelated to official duties or for
sexual gratification.
STAFF SEXUAL HARASSMENT Repeated verbal
statements, comments or gestures of a sexual nature to a
youth by an employee, volunteer, contractor, official visitor,
or other agency representative (excludes family, friends, or
other visitors). Demeaning references to gender or derogatory
comments about body or clothing; sexually suggestive;
OR
Repeated profane or obscene language or gestures.
Gender categories:
TRANSGENDER A person whose gender identity (i.e.,
internal sense of feeling male or female) is different from the
person’s assigned sex at birth.
INTERSEX A person whose sexual or reproductive anatomy
or chromosomal pattern does not seem to fit typical
definitions of male or female. Intersex medical conditions
are sometimes referred to as disorders of sex development.

FORM SSV-IJ (3-7-2014)

Page 5

Attachment 3
PREA Standards

Attachment 3 - PREA Standards
Excerpt from National Standards to Prevent, Detect, and Respond to Prison Rape,
28 C.F.R. Part 115.
§ 115.87 Data collection.
(a) The agency shall collect accurate, uniform data for every allegation of sexual abuse at facilities under
its direct control using a standardized instrument and set of definitions.
(b) The agency shall aggregate the incident-based sexual abuse data at least annually.
(c) The incident-based data collected shall include, at a minimum, the data necessary to answer all
questions from the most recent version of the Survey of Sexual Violence conducted by the Department of
Justice.
(d) The agency shall maintain, review, and collect data as needed from all available incident-based
documents, including reports, investigation files, and sexual abuse incident reviews.
(e) The agency also shall obtain incident-based and aggregated data from every private facility with which
it contracts for the confinement of its inmates.
(f) Upon request, the agency shall provide all such data from the previous calendar year to the
Department of Justice no later than June 30.

Attachment 4
Confidentiality Laws

DERIVATION

Attachment 4 - Confidentiality Laws

Title I
THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
(Public Law 90-351)
42 U.S.C. § 3711, et seq.
AN ACT to assist State and local governments in reducing the incidence of crime, to increase the
effectiveness, fairness, and coordination of law enforcement and criminal justice systems at all
levels of government, and for other purposes.
As Amended By
THE OMNIBUS CRIME CONTROL ACT OF 1970
(Public Law 91-644)
THE CRIME CONTROL ACT OF 1973
(Public Law 93-83)
THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974
(Public Law 93-415)
THE PUBLIC SAFETY OFFICERS’ BENEFITS ACT OF 1976
(Public Law 94-430)
THE CRIME CONTROL ACT OF 1976
(Public Law 94-503)
THE JUSTICE SYSTEM IMPROVEMENT ACT OF 1979
(Public Law 96-157)
THE JUSTICE ASSISTANCE ACT OF 1984
(Public Law 98-473)
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE ACT OF 1986
(Public Law 99-570-Subtitle K)
THE ANTI-DRUG ABUSE ACT OF 1988
TITLE VI, SUBTITLE C - STATE AND LOCAL NARCOTICS CONTROL
AND JUSTICE ASSISTANCE IMPROVEMENTS
(Public Law 100-690)
THE CRIME CONTROL ACT OF 1990
(Public Law 101-647)
BRADY HANDGUN VIOLENCE PROTECTION ACT
(Public Law 103-159)
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
(Public Law 103-322)
NATIONAL CHILD PROTECTION ACT OF 1993, AS AMENDED
(Public Law 103-209)
and
CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998
(Public Law 105-251)

BUREAU OF JUSTICE STATISTICS
CHAPTER 46 - SUBCHAPTER III
[TITLE I - PART C]
42 USC § 3731

Attachment 4 - Confidentiality Laws

[Sec. 301.] Statement of purpose

It is the purpose of this subchapter [part] to provide for and encourage the collection and analysis
of statistical information concerning crime, juvenile delinquency, and the operation of the
criminal justice system and related aspects of the civil justice system and to support the
development of information and statistical systems at the Federal, State, and local levels to
improve the efforts of these levels of government to measure and understand the levels of crime,
juvenile delinquency, and the operation of the criminal justice system and related aspects of the
civil justice system. The Bureau shall utilize to the maximum extent feasible State governmental
organizations and facilities responsible for the collection and analysis of criminal justice data and
statistics. In carrying out the provisions of this subchapter [part], the Bureau shall give primary
emphasis to the problems of State and local justice systems.
42 USC § 3732

[Sec. 302.] Bureau of Justice Statistics

(a) Establishment. There is established within the Department of Justice, under the general
authority of the Attorney General, a Bureau of Justice Statistics (hereinafter referred to in this
subchapter [part] as “Bureau”).
(b) Appointment of Director; experience; authority; restrictions. The Bureau shall be headed by
a Director appointed by the President, by and with the advice and consent of the Senate. The
Director shall have had experience in statistical programs. The Director shall have final authority
for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall
report to the Attorney General through the Assistant Attorney General. The Director shall not
engage in any other employment than that of serving as Director; nor shall the Director hold any
office in, or act in any capacity for, any organization, agency, or institution with which the
Bureau makes any contract or other arrangement under this Act.
(c) Duties and functions of Bureau. The Bureau is authorized to–
(1) make grants to, or enter into cooperative agreements or contracts with public
agencies, institutions of higher education, private organizations, or private individuals for
purposes related to this subchapter [part]; grants shall be made subject to continuing
compliance with standards for gathering justice statistics set forth in rules and regulations
promulgated by the Director;
(2) collect and analyze information concerning criminal victimization, including crimes
against the elderly, and civil disputes;
(3) collect and analyze data that will serve as a continuous and comparable national social
indication of the prevalence, incidence, rates, extent, distribution, and attributes of crime,
juvenile delinquency, civil disputes, and other statistical factors related to crime, civil
disputes, and juvenile delinquency, in support of national, State, and local justice policy
and decisionmaking;
(4) collect and analyze statistical information, concerning the operations of the criminal
justice system at the Federal, State, and local levels;
(5) collect and analyze statistical information concerning the prevalence, incidence, rates,
extent, distribution, and attributes of crime, and juvenile delinquency, at the Federal,
State, and local levels;

Attachment 4 - Confidentiality Laws
(6) analyze the correlates of crime, civil disputes and juvenile delinquency, by the use of
statistical information, about criminal and civil justice systems at the Federal, State, and
local levels, and about the extent, distribution and attributes of crime, and juvenile
delinquency, in the Nation and at the Federal, State, and local levels;
(7) compile, collate, analyze, publish, and disseminate uniform national statistics
concerning all aspects of criminal justice and related aspects of civil justice, crime,
including crimes against the elderly, juvenile delinquency, criminal offenders, juvenile
delinquents, and civil disputes in the various States;
(8) recommend national standards for justice statistics and for insuring the reliability and
validity of justice statistics supplied pursuant to this chapter [title];
(9) maintain liaison with the judicial branches of the Federal and State Governments in
matters relating to justice statistics, and cooperate with the judicial branch in assuring as
much uniformity as feasible in statistical systems of the executive and judicial branches;
(10) provide information to the President, the Congress, the judiciary, State and local
governments, and the general public on justice statistics;
(11) establish or assist in the establishment of a system to provide State and local
governments with access to Federal informational resources useful in the planning,
implementation, and evaluation of programs under this Act;
(12) conduct or support research relating to methods of gathering or analyzing justice
statistics;
(13) provide for the development of justice information systems programs and assistance
to the States and units of local government relating to collection, analysis, or
dissemination of justice statistics;
(14) develop and maintain a data processing capability to support the collection,
aggregation, analysis and dissemination of information on the incidence of crime and the
operation of the criminal justice system;
(15) collect, analyze and disseminate comprehensive Federal justice transaction statistics
(including statistics on issues of Federal justice interest such as public fraud and high
technology crime) and to provide technical assistance to and work jointly with other
Federal agencies to improve the availability and quality of Federal justice data;
(16) provide for the collection, compilation, analysis, publication and dissemination of
information and statistics about the prevalence, incidence, rates, extent, distribution and
attributes of drug offenses, drug related offenses and drug dependent offenders and
further provide for the establishment of a national clearinghouse to maintain and update a
comprehensive and timely data base on all criminal justice aspects of the drug crisis and
to disseminate such information;
(17) provide for the collection, analysis, dissemination and publication of statistics on the
condition and progress of drug control activities at the Federal, State and local levels with
particular attention to programs and intervention efforts demonstrated to be of value in
the overall national anti- drug strategy and to provide for the establishment of a national
clearinghouse for the gathering of data generated by Federal, State, and local criminal
justice agencies on their drug enforcement activities;

(18) provide for the development and enhancement of State and local criminal justice

Attachment 4 - Confidentiality Laws
information systems, and the standardization of data reporting relating to the collection,
analysis or dissemination of data and statistics about drug offenses, drug related offenses,
or drug dependent offenders;
(19) provide for research and improvements in the accuracy, completeness, and
inclusiveness of criminal history record information, information systems, arrest warrant,
and stolen vehicle record information and information systems and support research
concerning the accuracy, completeness, and inclusiveness of other criminal justice record
information;
(20) maintain liaison with State and local governments and governments of other nations
concerning justice statistics;
(21) cooperate in and participate with national and international organizations in the
development of uniform justice statistics;
(22) ensure conformance with security and privacy requirement of section 3789g of this
title and identify, analyze, and participate in the development and implementation of
privacy, security and information policies which impact on Federal and State criminal
justice operations and related statistical activities; and
(23) exercise the powers and functions set out in subchapter VIII [part H] of this chapter
[title].
(d) Justice statistical collection, analysis, and dissemination. To insure that all justice statistical
collection, analysis, and dissemination is carried out in a coordinated manner, the Director is
authorized to–
(1) utilize, with their consent, the services, equipment, records, personnel, information,
and facilities of other Federal, State, local, and private agencies and instrumentalities
with or without reimbursement therefor, and to enter into agreements with such agencies
and instrumentalities for purposes of data collection and analysis;
(2) confer and cooperate with State, municipal, and other local agencies;
(3) request such information, data, and reports from any Federal agency as may be
required to carry out the purposes of this chapter [title];
(4) seek the cooperation of the judicial branch of the Federal Government in gathering
data from criminal justice records; and
(5) encourage replication, coordination and sharing among justice agencies regarding
information systems, information policy, and data.
(e) Furnishing of information, data, or reports by Federal agencies. Federal agencies requested to
furnish information, data, or reports pursuant to subsection (d)(3) of this section shall provide
such information to the Bureau as is required to carry out the purposes of this section.
(f) Consultation with representatives of State and local government and judiciary. In
recommending standards for gathering justice statistics under this section, the Director shall
consult with representatives of State and local government, including, where appropriate,
representatives of the judiciary.

42 USC § 3733

[Sec. 303.] Authority for 100 per centum grants

Attachment 4 - Confidentiality Laws
A grant authorized under this subchapter [part] may be up to 100 per centum of the total cost of
each project for which such grant is made. The Bureau shall require, whenever feasible as a
condition of approval of a grant under this subchapter [part] , that the recipient contribute money,
facilities, or services to carry out the purposes for which the grant is sought.
42 USC § 3735

[Sec. 304.] Use of data

Data collected by the Bureau shall be used only for statistical or research purposes, and shall be
gathered in a manner that precludes their use for law enforcement or any purpose relating to a
particular individual other than statistical or research purposes.
42 USC § 3789g

[Sec. 812.] Confidentiality of information

(a) Research of statistical information; immunity from process; prohibition against admission as
evidence or use in any proceedings. Except as provided by Federal law other than this chapter, no
officer or employee of the Federal Government, and no recipient of assistance under the
provisions of this chapter shall use or reveal any research or statistical information furnished
under this chapter by any person and identifiable to any specific private person for any purpose
other than the purpose for which it was obtained in accordance with this chapter. Such
information and copies thereof shall be immune from legal process, and shall not, without the
consent of the person furnishing such information, be admitted as evidence or used for any
purpose in any action, suit, or other judicial, legislative, or administrative proceedings.
(b) Criminal history information; disposition and arrest data; procedures for collection, storage,
dissemination, and current status; security and privacy; availability for law enforcement, criminal
justice, and other lawful purposes; automated systems: review, challenge, and correction of
information. All criminal history information collected, stored, or disseminated through support
under this chapter shall contain, to the maximum extent feasible, disposition as well as arrest data
where arrest data is included therein. The collection, storage, and dissemination of such
information shall take place under procedures reasonably designed to insure that all such
information is kept current therein; the Office of Justice Programs shall assure that the security
and privacy of all information is adequately provided for and that information shall only be used
for law enforcement and criminal justice and other lawful purposes. In addition, an individual
who believes that criminal history information concerning him contained in an automated system
is inaccurate, incomplete, or maintained in violation of this chapter, shall, upon satisfactory
verification of his identity, be entitled to review such information and to obtain a copy of it for
the purpose of challenge or correction.
(c) Criminal intelligence systems and information; prohibition against violation of privacy and
constitutional rights of individuals. All criminal intelligence systems operating through support
under this chapter shall collect, maintain, and disseminate criminal intelligence information in
conformance with policy standards which are prescribed by the Office of Justice Programs and
which are written to assure that the funding and operation of these systems furthers the purpose of
this chapter and to assure that such systems are not utilized in violation of the privacy and
constitutional rights of individuals.
(d) Violations; fine as additional penalty. Any person violating the provisions of this section, or
of any rule, regulation, or order issued thereunder, shall be fined not to exceed $10,000, in
addition to any other penalty imposed by law.

Attachment 5
Sample Design

Attachment 5 - Sample Design
Page 1 of 5
Prisons

Privately-operated State and Federal Prison Sample Design
for the 2012 Survey on Sexual Violence
402 units on the frame
Date:

May 6, 2013

The Bureau of Justice Statistics (BJS) instructed the Census Bureau to use the 2005 Prison Census file as
the frame for this sample. Census removed the private prisons that have closed since 2005, and added
new prisons with 500 or more total prisoners identified in the 2012 Prison Census file. The frame
contained 402 records for privately-operated state and federal prisons.
Some facilities are large compared to the rest, so we had to use a certainty cutoff to select some of the
facilities as certainties due to size. A facility was declared certainty due to size if it held 450 or more
total prisoners. There are 74 size certainties in the 2012 sample.
The rest of the file was serpentine-sorted by region, two-digit state code, and total prisoners. Region is
the region of the country where the facility is located: Northeast, Midwest, South, or West.
We used PROC SURVEYSELECT in SAS to select a systematic probability proportional to size sample.
Each noncertainty privately-operated state or federal prison in sample has a weight based on its
measure of size. The weights are shown in Table 1.
We verify the sample weights by using Horvitz-Thompson estimation. We use the sample to estimate
the national count of total prisoners. The estimated national count of total prisoners is 𝑌�𝐻𝑇 =
th
∑125
𝑖=1 [(𝑦𝑖 )(𝑤𝑒𝑖𝑔ℎ𝑡𝑖 )] where yi is the total prisoners of the i sample unit. The national count of total
prisoners is 109,990.
Table 2 shows the estimated coefficients of variation (CVs) for this sample design.

Attachment 5 - Sample Design
Page 2 of 5
Prisons
Table 1. Sample Design table for privately-operated state and federal prisons
Obs
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

ID
038000000074700000000
038000000076000000000
038999900000000000000
058000000079992200000
058000000079992300000
058000000079992400000
058015666070200000000
058015666072000000000
068000000072200000000
068000000073100000000
068000000073200000000
108000000079881000000
108000000079992000000
108000000079996000000
108000000079997000000
108000000079999100000
118000000075700000000
118000000075800000000
118000000076000000000
118134666079981000000
118999900000000000000
138000000071700000000
188000000071400000000
188000000071900000000
188000000072600000000
198000000071400000000
198000000072300000000
258000000073100000000
258000000073500000000
258000000073600000000
258000000073700000000
258000000074000000000
258000000074100000000
258001666071000000000
278000000070991000000
298000000073000000000
318000000075100000000
318000000075700000000

Measure of size
618
1,344
1,286
560
540
533
2,325
2,587
725
1,151
790
888
1,132
745
750
1,850
1,502
1,510
1,748
1,471
1,124
1,294
787
762
512
1,651
1,592
993
969
937
836
1,014
921
2,414
555
755
539
500

Weight
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000

Measure of size * weight
618.0000
1,344.0000
1,286.0000
560.0000
540.0000
533.0000
2,325.0000
2,587.0000
725.0000
1,151.0000
790.0000
888.0000
1,132.0000
745.0000
750.0000
1,850.0000
1,502.0000
1,510.0000
1,748.0000
1,471.0000
1,124.0000
1,294.0000
787.0000
762.0000
512.0000
1,651.0000
1,592.0000
993.0000
969.0000
937.0000
836.0000
1,014.0000
921.0000
2,414.0000
555.0000
755.0000
539.0000
500.0000

Attachment 5 - Sample Design
Page 3 of 5
Prisons
Obs
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78

ID
328000000071300000000
328000000071400000000
328000000071500000000
328000000071600000000
328000000071700000000
348046666079111100000
368000000073900000000
368000000074100000000
368000000074200000000
378000000074800000000
378000000074900000000
378000000076100000000
378000000079000000000
438000000072300000000
438000000073500000000
438000000073700000000
448000000073700000000
448000000073800000000
448000000073900000000
448000000074100000000
448000000078020000000
448000000079200000000
448000000079800500000
448000000079930000000
448000000079940000000
448000000079996000000
448000000079996700000
448000000079997000000
448000000079999000000
448000000079999200000
448048666070100000000
448085666075110000000
448114666070200000000
448195666070100000000
448999900000000000000
478000000078500000000
028000000071900000000
028000000074500000000
038000000072800000000
038000000073400000000

Measure of size
661
1,042
602
1,200
609
1,287
1,859
631
1,472
970
961
1,900
2,329
1,639
1,970
1,516
519
519
995
2,053
861
496
1,975
498
518
1,030
520
998
1,035
2,196
1,419
1,105
2,641
2,176
900
1,566
178
48
419
388

Weight
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
2.5459
9.4412
1.0816
1.1680

Measure of size * weight
661.0000
1,042.0000
602.0000
1,200.0000
609.0000
1,287.0000
1,859.0000
631.0000
1,472.0000
970.0000
961.0000
1,900.0000
2,329.0000
1,639.0000
1,970.0000
1,516.0000
519.0000
519.0000
995.0000
2,053.0000
861.0000
496.0000
1,975.0000
498.0000
518.0000
1,030.0000
520.0000
998.0000
1,035.0000
2,196.0000
1,419.0000
1,105.0000
2,641.0000
2,176.0000
900.0000
1,566.0000
453.1702
453.1776
453.1904
453.1840

Attachment 5 - Sample Design
Page 4 of 5
Prisons
Obs
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118

ID
058030666079995200000
058037666079995000000
068000000075500000000
068000000076100000000
068000000076600000000
068000000078800000000
068000000078900000000
068000000079100000000
068000000079900000000
078000000073199990000
078002666076500000000
098001001072200010000
108000000075830000000
108000000075840000000
108000000075870000000
148000000075500000000
178000000072000000000
188000000071800000000
188000000072000000000
198000000072100000000
218000000074000000000
238082666079980000000
268096666075900000000
278000000070600000000
278000000073300000000
318000000074500000000
318000000076000000000
318000000076600000000
338031666070200000000
348000000079999100000
368000000075000000000
368000000075400000000
368000000075800000000
368000000076400000000
378000000075500000000
378000000078000000000
388026666072600000000
398000000075500000000
398000000075700000000
418040666076300000000

Measure of size
44
199
205
103
43
270
65
132
367
30
64
161
54
89
112
251
141
132
23
155
63
42
102
165
109
72
301
22
120
90
160
54
103
77
285
122
65
46
174
27

Weight
10.2995
2.2773
2.2106
4.3998
10.5390
1.6784
6.9719
3.4332
1.2348
15.1059
7.0809
2.8148
8.3922
5.0919
4.0462
1.8055
3.2140
3.4332
19.7033
2.9237
7.1933
10.7899
4.4429
2.7465
4.1576
6.2941
1.5056
20.5989
3.7765
5.0353
2.8324
8.3922
4.3998
5.8854
1.5901
3.7146
6.9719
9.8517
2.6045
16.7843

Measure of size * weight
453.1780
453.1827
453.1730
453.1794
453.1770
453.1680
453.1735
453.1824
453.1716
453.1770
453.1776
453.1828
453.1788
453.1791
453.1744
453.1805
453.1740
453.1824
453.1759
453.1735
453.1779
453.1758
453.1758
453.1725
453.1784
453.1752
453.1856
453.1758
453.1800
453.1770
453.1840
453.1788
453.1794
453.1758
453.1785
453.1812
453.1735
453.1782
453.1830
453.1761

Attachment 5 - Sample Design
Page 5 of 5
Prisons
Obs
119
120
121
122
123
124
125

ID
428018666071000000000
448000000079997400000
448057666079177800000
448101666071600000000
448223666071500000000
448254666079992000000
518000000070500000000

Measure of size
30
411
103
165
48
375
200

Weight
15.1059
1.1026
4.3998
2.7465
9.4412
1.2085
2.2659

Measure of size * weight
453.1770
453.1686
453.1794
453.1725
453.1776
453.1875
453.1800
109,990.0689

Table 2. Estimated CVs for this sample design
Estimate
Adult females
Adult males

Estimated variance
549,267.26
892,665.45

Total
7,321
90,872

CV
10.1%
1.0%

Attachment 5 - Sample Design
Page 1 of 3
Public Jails

Public Jails Sample Design for the 2012 Survey on Sexual Violence
2,844 public units on the 2011 Deaths in Custody file
Date: March 23, 2013
The Bureau of Justice Statistics (BJS) requested a sample size of 700, with the largest public jail in each
state 1 selected with certainty to meet the requirements of the Prison Rape Elimination Act of 2003. The
measure of size is the average daily population (ADP).
We used an extract of the 2011 Deaths in Custody file as the frame. Eighty-seven jails were
nonrespondents for the 2011 Deaths in Custody file. We pulled forward data from the 2010 Deaths in
Custody file to account for missing data. The extract did not include data flags, so we pulled forward
nonzero counts from the 2010 Deaths in Custody file when the counts were zero in 2011.
We used data from the 2010 SSV frame for two public jails (Goodwater Police Department, ID =
012019001061000000000 and Pontotoc County Sheriff's Office, ID = 251058058061000000000).
Meherrin River Regional Jail is a new regional jail that opened in July 2012. While the regional jail was
listed on the Deaths in Custody extract, it had neither data nor an ID. We used
471999999999999999999 as a temporary ID for the regional jail.
http://www.timesdispatch.com/news/latest-news-ap/meherrin-river-regional-jail-opening-satellitefacility/article_cd7a6e3e-6481-11e2-8df6-0019bb30f31a.html mentions that the regional jail replaces
the local jails in Dinwiddie, Brunswick, and Mecklenburg counties, so we pulled forward the data for
those three counties and assigned the totals to the regional jail.
Table 1 shows the remaining data quality issues in the 2011 Deaths in Custody extract. ADP may be
incorrect for one unit listed in Table 1, which shows ADP = 0 but 2,051 new admissions. We use the data
for confined persons to allocate the sample across strata, and we use the data for confined persons and
new admissions to estimate coefficients of variation for the sample design. The data quality issues may
affect the analysis.

1

There are public jails in 45 states and the District of Columbia. There are five states with no public jails:
Connecticut, Delaware, Hawaii, Rhode Island, and Vermont.

Attachment 5 - Sample Design
Page 2 of 3
Public Jails
Table 1. Remaining data quality issues in 2011 Deaths in Custody extract
Agency ID

New
New
Confined Confined Confined admissions admissions
New
males females persons
males
females admissions

Male Female
ADP
ADP

ADP

012025001061000000000

0

0

0

30

10

40

1

1

2

012037019061000000000

0

0

0

603

603

1206

1

1

2

021004001061000000000

0

0

0

40

10

50

1

0

1

022020001061000000000

0

1

1

115

27

142

0

0

0

112022001061000000000

0

0

0

121

53

174

1

1

2

112054001061000000000

0

0

0

37

26

63

1

1

2

112158003061000000000

0

0

0

36

7

43

1

1

2

141040040061000000000

0

0

0

73

22

95

2

1

3

171098098061000000000

0

0

0

109

26

135

2

1

3

251023023061000000000

0

0

0

1436

615

2051

0

0

0

251028028060000020101

0

0

0

0

30

30

0

5

5

281035035061000000000

0

0

0

66

27

93

2

1

3

322013003061000000000

0

0

0

72

14

86

1

1

2

351001001060100000000

0

0

0

78

10

88

3

1

4

351049049061000000000

0

0

0

271

0

271

3

0

3

371055055061000000000

2303

305

2608

0

0

0

2330

400

2730

421021020061000000000

0

0

0

26

3

29

1

1

2

441222222061000000000

0

0

0

22

6

28

1

0

1

We chose 116 units as certainties due to size (ADP of 1,000 or more). BJS requested that we select the
remaining 538 units in a stratified systematic random sample. There are three noncertainty strata for
those units with less than 1,000 ADP.
We used the cumulative �(𝑓(𝑦)) method (Cochran, Sampling Techniques, 1977 edition, p. 129) to
determine the noncertainty stratum boundaries. Table 2 shows the strata.
We used ADP to stratify the sample, with the allocation to strata based on the number of confined
persons on December 31, 2010. We calculated an optimal allocation to the strata for the number of
confined persons.
The noncertainty strata were serpentine-sorted by region, two digit state code, and ADP. Region is the
region of the country where the jurisdiction is located: Northeast, Midwest, South, or West.
Table 2 shows the weights for this sample design. Table 3 shows the estimated coefficients of variation
of this sample design.

Attachment 5 - Sample Design
Page 3 of 3
Public Jails
Table 2. Public Jails sample design
Stratum
number
1
2
3
4
5

Description
Largest jail in each state
Certainties due to size (1,000+ ADP)
Jails with 0 to 87 ADP
Jails with 88 to 268 ADP
Jails with 269 to 999 ADP

Units in 2011 Deaths in
Custody File
46
116
1,481
770
431
2,844

Units in
sample
46
116
186
119
233
700

Sample
weight
1.0000
1.0000
7.9624
6.4706
1.8498

Table 3. Estimated coefficients of variation for the public jails sample design
Estimate
Confined males
Confined females
Newly admitted males
Newly admitted females
New admissions
Male ADP
Female ADP

Coefficient of variation
1.0%
1.5%
2.6%
2.6%
2.5%
0.8%
1.4%

Attachment 5 - Sample Design
Page 1 of 2
Private Jails

Private Jails Sample Design for the 2012 Survey on Sexual Violence
33 units on the 2011 Deaths in Custody file
Date:

March 24, 2013

There are 33 private jails on the 2011 Deaths in Custody file extract. The Bureau of Justice Statistics
(BJS) requested a sample of 15 of the private jails, with the units selected with probability proportional
to size. The measure of size is the average daily population (ADP) from the 2011 Deaths in Custody file
extract.
We selected five private jails with certainty because they are so much larger than all the other private
jails. We selected the remaining ten units in sample with probability proportional to size after
serpentine sorting the file by region, two-digit state code, and ADP. Region is the region of the country
where the jurisdiction is located: Northeast, Midwest, South, or West.
Table 1 shows the weights.
The 33 private jails on the frame have a total ADP of 16,722. We verify the sample weights by using
Horvitz-Thompson estimation. We use the sample to estimate the total ADP. The estimated total is
th
𝑌�𝐻𝑇 = ∑15
𝑖=1[(𝑦𝑖 )(𝑆𝑎𝑚𝑝𝑙𝑖𝑛𝑔𝑊𝑒𝑖𝑔ℎ𝑡𝑖 )] where yi is the ADP of the i unit in the sample.

Table 2 shows the estimated coefficients of variation for this sample design.

Table 1. Private Jails sample design table
ID

398002002065000000000
108027027061000000000
108006006065000000000
198013013062000000000
438033033060100000000
438084084062000000000
448024024061000000000
448147147062000000000
328030030061100000000
068021020067000000000
158049008061000000000
378072072064000000000
398023023063000000000
438019003068000000000
448233233061000000000

Region

Northeast
South
South
South
South
South
South
South
West
West
Midwest
South
Northeast
South
South

Measure
of size

560
546
629
789
845
482
461
741
771
320
1,050
1,447
1,862
1,065
1,452

Sampling
Weight

1.7582
1.8033
1.5653
1.2479
1.1652
2.0427
2.1358
1.3287
1.2770
3.0769
1.0000
1.0000
1.0000
1.0000
1.0000

Measure of size *
Sampling Weight

984.5920
984.6018
984.5737
984.5931
984.5940
984.5814
984.6038
984.5667
984.5670
984.6080
1,050.0000
1,447.0000
1,862.0000
1,065.0000
1,452.0000

16,721.8815

Attachment 5 - Sample Design
Page 2 of 2
Private Jails
Table 2. Estimated coefficients of variation for this sample design
Estimate
Confined females
Confined males
Confined persons
Female ADP
Male ADP
Newly admitted females
Newly admitted males
New admissions

Estimated variance

34,545.35
255,351.88
265,273.58
40,469.98
78,733.34
97,889,454.03
2,470,280,111.85
3,453,168,436.97

2011 total

1,496
14,845
16,341
1,603
15,119
28,642
154,079
182,721

CV

12.4%
3.4%
3.2%
12.5%
1.9%
34.5%
32.3%
32.2%

Attachment 5 - Sample Design
Page 1 of 3
Tribal Facilities

Tribal Sample Design for the 2012 Survey on Sexual Violence
60 units on the extract from the 2011 Jails in Indian Country file
Date:

March 24, 2013

The Bureau of Justice Statistics (BJS) requested a sample of 20 units from the 60 units listed on the 2011
Jails in Indian Country file extract. To be eligible for this sample, units hold only adults or adults and
juveniles. We added units that hold only juveniles to the juvenile sample for the 2012 Survey on Sexual
Violence (SSV).
The 2011 Jails in Indian Country extract did not contain counts for adult males, adult females, juvenile
males, and juvenile females. We downloaded those counts from the BJS web site, and then matched on
tribal facility name, after standardizing the facility names against the extract.
We selected the sample through probability proportional to size, with the adjusted average daily
population (ADP) as the measure of size. The adjusted ADP was the maximum of (1, ADP).
Three units were relatively large compared to the rest of the units in the frame, so we selected them as
certainty units based on size. The size cutoff for the certainty units was ADP of 140 or more.
The rest of the file was serpentine-sorted by two-digit state code and ADP.
The 20 tribal facilities selected for the sample have weights based on their measure of size. Table 1
shows the weights.
The 60 tribal facilities on the frame have a total ADP of 1,892. We verify the sample weights by using
Horvitz-Thompson estimation. We use the sample to estimate total ADP. The estimated total is
th
𝑌�𝐻𝑇 = ∑20
𝑖=1[(𝑦𝑖 )(𝑆𝑎𝑚𝑝𝑙𝑖𝑛𝑔𝑊𝑒𝑖𝑔ℎ𝑡𝑖 )] where yi is the ADP of the i unit in the sample.
Table 2 shows the estimated coefficients of variation for this sample design. We merged the extract
with the Appendix Table 4 of the publication Jails in Indian Country, 2011 so that we could calculate
estimated coefficients of variation.

Attachment 5 - Sample Design
Page 2 of 3
Tribal Facilities
Table 1. Tribal Sample for the 2012 SSV

ID
Facility
037001001070100000000 Navajo Department of Corrections-Tuba
City
037001001070200000000 Navajo Department of CorrectionsKayenta Police Department and Holding
Facility
037009001070100000000 White Mountain Apache Detention
Center
037015001070100000000 Colorado River Indian Tribes Adult
Detention Center
067042001070100000000 Chief Ignacio Justice Center Adult
Detention
247004001070900000000 Red Lake Tribal Justice Center Adult
Detention
257050001070100000000 Choctaw Justice Complex Adult
Detention
277044001070100000000 Northern Cheyenne Adult Detention
Center
327017001070100000000 Zuni Adult Detention Center
327021001070600000000 Jicarilla Department of Corrections-Adult
and Juvenile
357043001070100000000 Standing Rock Law Enforcement and
Adult Detention Center
387016001071900000000 Warm Springs Police Department and
Adult Detention Center
427004001070200000000 Medicine Root Detention Center
427061001070300000000 Rosebud Sioux Tribal Police Department
and Adult Detention
487033001070100000000 Spokane Adult Detention Center
487034001070100000000 Nisqually Adult Corrections
507040001070100000000 Menominee Tribal Detention Facility
037011002071600000000 Gila River Department of Rehabilitation
and Supervision-Adult
037004001070100000000 San Carlos Department of Corrections
and Rehabilitation-Adult
037010001071500000000 Tohono O'odham Adult Detention Center

Adjusted
measure
Adjusted
of size *
measure Sampling Sampling
of size
Weight
Weight
27
3.0370
82.00
8

10.2500

82.00

81

1.0123

82.00

41

2.0000

82.00

50

1.6400

82.00

42

1.9524

82.00

59

1.3898

82.00

42

1.9524

82.00

35
31

2.3429
2.6452

82.00
82.00

67

1.2239

82.00

37

2.2162

82.00

26
81

3.1538
1.0123

82.00
82.00

9
65
45
159

9.1111
1.2615
1.8222
1.0000

82.00
82.00
82.00
159.00

144

1.0000

144.00

195

1.0000

195.00
1891.99

Attachment 5 - Sample Design
Page 3 of 3
Tribal Facilities
Table 2. Estimated coefficients of variation for this sample design
Estimate
Female adults
Female juveniles
Male adults
Male juveniles
Total adults
Total juveniles

Estimated variance
4,278.61
8.42
76,308.93
16.30
96,360.30
32.18

2011 total
419
4
1,583
7
2,002
11

CV
15.6%
72.6%
17.5%
57.7%
15.5%
51.6%

Attachment 5 - Sample Design
Page 1 of 5
Juvenile Facilities

Juvenile Facility Sample Design for the
2013 Survey of Sexual Victimization
2,337 non-tribal facilities on the 2012 Juvenile Residential Facility Census file
Date: February 12, 2014
For the 2013 Survey of Sexual Victimization 1 (SSV) juvenile facility sample, the Bureau of Justice
Statistics (BJS) requested a sample design similar to that used for the 2012 juvenile facility sample, but
with an increase of 200 more sample units. Note that we select tribal juvenile facilities from the Jails in
Indian Country file, not the 2012 Juvenile Residential Facility Census (JRFC) file. Facilities that hold zero
juvenile offenders on reference day are not eligible for the 2013 SSV sample.
Some sampling weights in samples prior to 2011 were extremely large, therefore an attempt was made
to minimize the largest sample weights for the 2012 SSV. The problem with extremely large sampling
weights is they are associated with relatively small facilities, and if such a facility reports a larger value
than customary, it can have tremendous influence on the estimates. We minimized the largest sampling
weights by allocating the sample proportionally instead of oversampling the non-state detention
centers, and collapsing the private non-commitment and private commitment strata together.
To understand this year’s design, we need to look at how we categorize the facilities. The 2012 JRFC
serves as the frame for the 2013 SSV.

Table 1. 2013 SSV juvenile facility sampling frame
2,337 non-tribal facilities in the 50 states and DC in the 2012 JRFC file
352 non-tribal facilities in the 50 states and DC that held zero juvenile offenders on reference day
1,985 non-tribal facilities in the 50 states and DC in the 2012 JRFC that held at least one juvenile
offender on reference day
The initial certainty requirements asked that all the state central reporters and facilities that report
separately be included in the sample with certainty. We are treating all facilities in DC as state-operated
for the purposes of SSV. Each state gets a form that asks that they report for all the state-operated
facilities. The rest of the sample comes from the remainder of the sampling frame, to produce a sample
of 530 non-state units.
Of the 530 non-state units in sample, 35 units are in sample with certainty as the largest locallyoperated facility in the state, and 49 are in with certainty as the largest privately-operated facility in the
state. We select 446 noncertainty units to fill out the sample.

1

For the 2013 data collection, the project is now known as the Survey of Sexual Victimization. Previous cycles
were called the Survey of Sexual Violence.

Attachment 5 - Sample Design
Page 2 of 5
Juvenile Facilities
Table 2. Certainty and noncertainty counts on the 2013 frame
397
35
583
49
921
1,985

state central reporters and facilities that report separately
local facility certainties (largest in the state)
local noncertainty facilities
private facility certainties (largest in the state)
private noncertainty facilities
non-tribal facilities in the 50 states and DC in the 2012 JRFC that held at least one juvenile
offender on reference day

By law, we need a 10-percent sample of the non-state detention centers, locally-operated facilities, and
privately-operated facilities. By allocating the 446 sample units proportionally across strata, we meet or
exceed the 10-percent requirement. The measure of size for this sample is the number of persons
assigned to beds.

Table 3. Facility and person counts for the local and private noncertainty
strata
Stratum
Midwest detention facilities
Northeast detention facilities
South detention facilities
West detention facilities
Local non-commitment facilities
Local commitment facilities
Private facilities

Facility count
154
65
148
126
27
144
840

Persons assigned to beds
3,628
1,024
3,759
4,753
308
5,866
17,801

Table 4. Proportionally allocating the sample across noncertainty strata
Stratum
Midwest detention facilities
Northeast detention facilities
South detention facilities
West detention facilities
Local non-commitment facilities
Local commitment facilities
Private facilities

Proposed sample size
44
12
45
57
4
71
213

Forty non-state detention centers are too large compared to the rest of the facilities in their strata, so
we declare them certainties due to size and reassign them to stratum 40E in the sample design table,
Table 5. There are thirty-seven locally-operated facilities that are too large compared to the rest of the
facilities in their strata, so we declare them certainties due to size and reassign them to stratum 53.
Forty-eight private facilities are too large compared to the rest of the facilities in their stratum, so we
declare them certainties due to size and reassign them to stratum 63.

Attachment 5 - Sample Design
Page 3 of 5
Juvenile Facilities
Once the state central reporters and facilities that report separately (stratum 10), largest locallyoperated facility in each state (stratum 20), detention facilities that are certainties due to size (stratum
40E), largest privately-operated facility in each state (stratum 30), the local facility certainties due to size
(stratum 53), and the private facility certainties due to size (stratum 63) were determined; those records
were removed prior to sample selection. The remaining 1,379 facilities were serpentine-sorted by
region, two-digit state code, collapsed facility type, and persons assigned to beds within each stratum.
We used PROC SURVEYSELECT in SAS to select a systematic probability proportional to size sample.

Table 5. Juvenile facilities sample design table
Stratum
Number
10
15
20
30
40A
40B
40C
40D
40E
51
52
53
60
63

Description
State central reporters and facilities that report separately
Tribal juvenile facilities from the Jails in Indian Country file
Largest locally-operated facility in each state
Largest privately-operated facility in each state
Detention facilities Midwest
Detention facilities Northeast
Detention facilities South
Detention facilities West
Detention facility certainties due to size
Local
Non-commitment
Local
Commitment
Local facility certainties due to size
Private facilities
Private facility certainties due to size
TOTALS

N

397
20
35
49
148
65
140
100
40
27
107
37
792
48
2005

n

397
20
35
49
38
12
37
31
40
4
34
37
165
48
947

Calculating the coefficients of variation for this sample2
We use the Hartley-Rao formula to estimate the variance of this sample design. The variance is given by
𝑁

𝑉�𝑌�� ≈ � 𝜋𝑖 �1 −
1

(𝑛 − 1)
𝑦𝑖 𝑌 2
𝜋𝑖 � � − �
𝜋𝑖 𝑛
𝑛

where πi is the probability that the ith unit is selected for the sample. For more details, see equation 5.17
in Harley and Rao (1962).

2

The calculations for the coefficients of variation do not include the 20 tribal facilities from the Jails in Indian
Country (JIC) file because comparable data on juvenile offenders and juvenile non-offenders were not available on
the JIC file.

Attachment 5 - Sample Design
Page 4 of 5
Juvenile Facilities
Table 6. Estimated coefficients of variation for this sample design
Level of estimate
National
National
Non-state detention facilities
Non-state detention facilities

Estimate
Juvenile offenders
Juvenile non-offenders
Juvenile offenders
Juvenile non-offenders

Estimated variance 2012 total CV
149,332.98
114,374
0.3%
141,457.14
13,208
2.8%
20,918.63
31,430
0.5%
11,355.28
748 14.2%

Verification of the sample produced by the Statistical Methods Branch
The Statistical Methods Branch of Governments Division selected the locally-operated and privatelyoperated facility records for the sample. The Criminal Justice Statistics Branch of Governments Division
prepared the mailout records for the state-operated units in stratum 10, and the 20 tribal juvenile
facilities from the Jails in Indian Country file in stratum 15.
The file produced by the Statistical Methods Branch has 530 records. We verified the sample selection
by estimating the total number of persons assigned to beds for locally-operated and privately-operated
facilities. There are 44,783 persons assigned to beds in locally-operated and privately-operated facilities
in the 2012 JRFC that are in-scope for the 2013 SSV.
We use the Horvitz-Thompson estimator to estimate the total number of persons assigned to beds.
330

𝑌�𝐻𝑇 = � 𝑦𝑖 (𝑤𝑒𝑖𝑔ℎ𝑡𝑖 )
𝑖=1

where yi is the total number of persons assigned to beds for the ith facility, and weighti is the weight
assigned to the ith facility in the file produced by the Statistical Methods Branch. Table 7 shows the
results.

Attachment 5 - Sample Design
Page 5 of 5
Juvenile Facilities
Table 7. Estimated total number of persons assigned to beds in the locallyoperated and privately-operated facilities in the juvenile sample
Stratum number
20
30
40A
40B
40C
40D
40E
51
52
53
60
63

Facilities in sample

35
49
38
12
37
31
40
4
34
37
165
48
530

Estimated total

References
“Sampling with Unequal Probabilities and without Replacement”
Hartley, H. O. and Rao, J.N.K.
The Annals of Mathematical Statistics, Vol. 33, No. 2. (Jun., 1962), pp. 350 ‐ 374.

3,041.00
4,603.00
3,097.00
1,023.99
2,904.01
1,825.00
4,314.00
308.00
2,101.00
3,765.00
12,653.00
5,148.00
44,783.00

Attachment 6
Survey Request Letter

Attachment 6 - Survey Request Letter

(MONTH/DAY), 2014
Name
Agency Name
Address
Address2
CityStZip
Dear XXXX:
I am writing to request your assistance in implementing the Prison Rape Elimination Act of 2003 (PREA;
P.L. 108-79). As you may know, the Bureau of Justice Statistics (BJS) is tasked with annual data
collection responsibilities under PREA. The Act requires BJS to “carry out, for each calendar year, a
comprehensive statistical review and analysis of the incidence and effects of prison rape.” BJS is
responsible for generating facility-level estimates of sexual assault in “not less than 10 percent” of jails,
prisons, and juvenile facilities, as well as the prevalence of abuse among former inmates. In completing
this task, BJS collects information on the characteristics of these incidents to aid correctional
administrators in addressing the prevention, reporting, investigation, and prosecution of such incidents.
Every year since 2004 BJS has conducted the Survey of Sexual Violence (SSV) using administrative data
reported to correctional authorities during the preceding year. For the calendar year 2013 data collection,
the survey has been modified to ensure that definitions and reporting requirements align with those
specified in National Standards to Prevent, Detect, and Respond to Prison Rape, under 28 CFR Part 115.
At the same time, we have decided to rename the survey as the Survey of Sexual Victimization, to better
reflect the array of incidents that are covered under PREA.
In January 2014, BJS released two reports that provided detailed findings from past SSV data collections.
These reports, Sexual Victimization Reported by Adult Correctional Authorities, 2009-11 and Survey of
Sexual Violence in Adult Correctional Facilities, 2009-11 – Statistical Tables, are available online at the
BJS website at http://www.bjs.gov/. We expect to release the survey results for juvenile facilities by
August 2014.
We are now conducting the 2013 SSV, as mandated by PREA. We hope that you will take the time to
complete the survey.
Please forward the enclosed forms to the person who is best able to complete the survey. As an alternative
to filling out the enclosed forms, you may also complete this survey on the Web at
http://harvester.census.gov/ssv. Your Web UserID and password appear on the enclosed summary form to
the left of the address label.

Attachment 6 - Survey Request Letter
The U.S. Census Bureau is the data collection agent for the 2013 SSV. Please return the enclosed form to
the Census Bureau or complete the Web survey by October 1, 2014. If you need any assistance regarding
your submission, please contact Greta Clark at the Census Bureau at 800-253-2078 or
govs.ssv@census.gov. If BJS can be of assistance, please contact Ramona Rantala, BJS statistician, at
202-307-6170 or Ramona.Rantala@usdoj.gov.
Sincerely,

Allen J. Beck, Ph.D.
Senior Statistical Advisor

Enclosures.

Attachment 7
Nonresponse Follow-up

Attachment 7 - Non Resp. Follow-up

CRIMINAL JUSTICE
STATISTICS BRANCH (CJSB)
GOVERNMENTS DIVISION
U.S. CENSUS BUREAU

FAX

TRANSMISSION

COVER

SHEET

TO:
PHONE:
FROM:

FAX:
Greta Clark
Survey of Sexual Violence,
Project Manager

PHONE:
FAX:

1-800-253-2078
1-888-891-2099

SUBJECT: Hello! We are still missing your 2013 Survey of Sexual Victimization submission
that was due to us by August 4, 2014. Your response is very important to us.
Please complete this survey or pass it to someone who could complete it. You may
complete your form and fax your response to me at 1-888-891-2099 or you may complete
it online at http://harvester.census.gov/ssv using the userid and password on the front of
the form. If you have any questions or need further assistance, please give me a call.
We are attempting to close out this survey in the next few weeks so your responses would
be greatly appreciated.

NO. OF PAGES
(including cover):
DATE SENT:
*************************************************************************
If the total number of pages indicated above are not received, please call the sender at:
1-800-253-2078
*************************************************************************

M

Attachment 7 - Non Resp. Follow-up

CRIMINAL JUSTICE
STATISTICS BRANCH (CJSB)
GOVERNMENTS DIVISION
U.S. CENSUS BUREAU

FAX

TRANSMISSION

COVER

SHEET

TO:
PHONE:
FROM:

FAX:
Greta Clark
Survey of Sexual Violence,
Project Manager

PHONE:
FAX:

1-800-253-2078
1-888-891-2099

SUBJECT: Hello! We are still missing your 2013 Survey of Sexual Victimization submission
that was due to us by October 6, 2014. Your response is very important to us.
Please complete this survey or pass it to someone who could complete it. You may
complete your form and fax your response to me at 1-888-891-2099 or you may complete
it online at http://harvester.census.gov/ssv using the userid and password on the front of
the form. If you have any questions or need further assistance, please give me a call.
We are attempting to close out this survey in the next few weeks so your responses would
be greatly appreciated.

NO. OF PAGES
(including cover):
DATE SENT:
*************************************************************************
If the total number of pages indicated above are not received, please call the sender at:
1-800-253-2078
*************************************************************************

M