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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 Letters . . . . . . . . . . . . . . . . . . . 97
Attachment 7 - Nonresponse Follow-up . . . . . . . . . . . . . . . . . . . 102
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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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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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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Confidentiality.
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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.
(ii) VICTIMS.—The Panel may request the testimony of prison rape victims, organizations representing
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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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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.
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(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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(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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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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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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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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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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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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(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 06/30/2017
U.S. DEPARTMENT OF JUSTICE
SSV-1
FORM
(4-21-2016)
BUREAU OF JUSTICE STATISTICS
SURVEY OF SEXUAL VICTIMIZATION, 2015
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, 2015, and
December 31, 2015.
• 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 "0," 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 summary and
substantiated incident forms by September 1,
2016.
• 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): 1–888–262–3974
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, 2015, and December 31, 2015,
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.
• Exclude any allegations that were reported as
consensual.
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
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 a preponderance of the
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 (4-21-2016)
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 Section II.
5. Between January 1, 2015, and December 31, 2015,
how many allegations of inmate-on-inmate
ABUSIVE SEXUAL CONTACT were reported?
Number reported
No
➔ Do you record all reported
8. Between January 1, 2015, and December 31, 2015,
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
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 (4-21-2016)
.......
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 include—
• Intentional touching, either directly or through the clothing,
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, 2015, and
December 31, 2015, how many allegations of
STAFF SEXUAL MISCONDUCT were reported?
OR
Number reported
• Occurrences of indecent exposure, invasion of privacy,
or staff voyeurism for reasons unrelated to official duties
or for sexual gratification.
......
None
• If an allegation involved multiple victimizations,
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). Include—
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 sexually suggestive
or derogatory comments about body or clothing;
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
12a through 12d) . . . . . . .
None
• The total should equal the number reported in
Item 11.
FORM SSV-1 (4-21-2016)
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
Total substantiated
incidents . . . . . . . . . . . . .
➔
➔ Skip to Item 16.
➔ Please provide an explanation in the space
None
Please complete a
a Substantiated Incident Form
(Adult, SSV-IA) for each substantiated
incident of sexual victimization.
below and then skip to Item 16.
NOTES
14. Between January 1, 2015, and
December 31, 2015, 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 (4-21-2016)
Clear Fields
Page 5
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Save As
Attachment 2 - SSV-2
OMB No. 1121-0292: Approval Expires 06/30/2017
U.S. DEPARTMENT OF JUSTICE
SSV-2
FORM
(4-21-2016)
BUREAU OF JUSTICE STATISTICS
SURVEY OF SEXUAL VICTIMIZATION, 2015
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, 2015, and
December 31, 2015.
• 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 "0," 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 summary and
substantiated incident forms by
September 1, 2016.
• 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): 1–888–262–3974
• 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 CONTACT
2. Between January 1, 2015, and December 31, 2015,
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 a preponderance of the
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 (4-21-2016)
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 Section II.
5. Between January 1, 2015, and December 31, 2015,
how many allegations of inmate-on-inmate
ABUSIVE SEXUAL CONTACT were reported?
8. Between January 1, 2015, and December 31, 2015,
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 . . . . . .
• If an allegation involved multiple victims or
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
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 (4-21-2016)
......
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 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 include—
• Intentional touching, either directly or through the clothing,
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, 2015, and
December 31, 2015, how many allegations of
STAFF SEXUAL MISCONDUCT were reported?
Number reported . . . . . . .
None
• If an allegation involved multiple victimizations,
count only once.
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 (exclude family,
friends, or other visitors). Include—
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.)
a. Substantiated . . . . . . .
None
b. Unsubstantiated . . . . .
None
c. Unfounded . . . . . . . . . .
None
d. Investigation ongoing .
None
e. TOTAL (Sum of Items
12a through 12d) . . . . . . .
None
• Demeaning references to gender; or sexually suggestive
or derogatory comments about body or clothing;
OR
• Repeated profane or obscene language or gestures.
• The total should equal the number reported in
Item 11.
FORM SSV-2 (4-21-2016)
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, 2015, and
December 31, 2015, how many allegations
of STAFF SEXUAL HARASSMENT were
reported?
None
Please complete a
a Substantiated
Substantiated 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.
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 (4-21-2016)
Clear Fields
Page 5
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Save As
Attachment 2 - SSV-3
OMB No. 1121-0292: Approval Expires 06/30/2017
U.S. DEPARTMENT OF JUSTICE
SSV-3
FORM
(5-18-2016)
SURVEY OF SEXUAL VICTIMIZATION, 2015
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.
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.
•
•
• INCLUDE multi-jurisdictional facilities, e.g., regional jails.
• 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, 2015, and
December 31, 2015.
• 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.
Section I: when exact numeric answers are not available,
provide estimates and mark ( X ) the box beside each
figure.
•
Sections II, III, and IV: if the answer to a question is
"none" or "zero," write "0" or 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 1–888–369–3613,
option 2, or e-mail govs.ssv@census.gov
• Please return your completed summary
and substantiated incident forms by
August 15, 2016.
• 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): 1–888–262–3974
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 I – GENERAL INFORMATION
Section II – INMATE-ON-INMATE SEXUAL VICTIMIZATION
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, 2015?
• 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, object, or other
instrument.
Inmates on
December 31, 2015 . . .
ABUSIVE SEXUAL CONTACT
b. ADMITTED to your jail facilities during 2015?
• 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 2015 . . . . . . . . .
2. Between January 1, 2015, and
December 31, 2015, 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, 2015, through December 31, 2015, and
divide the result by 365.
Male
Female
Average daily
population . . . . . . . . . . .
FORM SSV-3 (5-18-2016)
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
3. Does your local jail jurisdiction record allegations
of inmate-on-inmate NONCONSENSUAL SEXUAL
ACTS? (See definitions on page 2.)
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.
4. Between January 1, 2015, and December 31, 2015,
how many allegations of inmate-on-inmate
NONCONSENSUAL SEXUAL ACTS were reported?
7. Between January 1, 2015, and December 31, 2015,
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.
Number reported . . . . .
None
If
an
allegation
involved
multiple
victimizations,
count only
•
once.
• Exclude any allegations that were reported as consensual.
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.)
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.)
a. Substantiated
.......
None
• The event was investigated and determined to
have occurred, based on a preponderance of the
evidence (28 C.F.R. §115.72).
b. Unsubstantiated
.....
a. Substantiated . . . . . . . .
None
b. Unsubstantiated
.....
None
..........
None
None
c. Unfounded
• The investigation concluded that evidence was
insufficient to determine whether or not the event
occurred.
d. Investigation ongoing
c. Unfounded . . . . . . . . . .
None
.
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 (5-18-2016)
None
e. TOTAL (Sum of Items
None
8a through 8d) . . . . . . . . . .
• The total should equal the number reported in
Item 7.
• The investigation determined that the event did
NOT occur.
d. Investigation ongoing
.
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-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 Section III.
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 include—
• Intentional touching, either directly or through the
clothing, 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;
10. Between January 1, 2015, and December 31,
2015, how many allegations of
inmate-on-inmate SEXUAL HARASSMENT were
reported?
None
Number reported . . . . . . .
• If an allegation involved multiple victims or
inmate perpetrators, count only once.
• Exclude any allegations that were reported as
consensual.
OR
• Completed, attempted, threatened, or requested
sexual acts;
OR
11. Of the allegations reported in Item 10, how many
were—
• Occurrences of indecent exposure, invasion of
privacy, or staff voyeurism for reasons unrelated to
official duties or for sexual gratification.
None
STAFF SEXUAL HARASSMENT
b. Unsubstantiated . . . . . .
None
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). Include—
c. Unfounded
None
• Demeaning references to gender; or sexually suggestive
or derogatory comments about body or clothing;
a. Substantiated . . . . . . . .
..........
d. Investigation ongoing
.
OR
None
• Repeated profane or obscene language or gestures.
e. TOTAL (Sum of Items
None
11a through 11d) . . . . . . . .
• The total should equal the number reported in
Item 10.
FORM SSV-3 (5-18-2016)
Page 4
Attachment 2 - SSV-3
15. Does your local jail jurisdiction record
allegations of STAFF SEXUAL HARASSMENT?
(See definitions on page 4.)
12. Does your local jail jurisdiction record
allegations of STAFF SEXUAL MISCONDUCT?
(See definitions on page 4.)
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, 2015, and
December 31, 2015, how many allegations of
STAFF SEXUAL MISCONDUCT were reported?
Number reported
.....
➔ Please provide an explanation in the space
16. Between January 1, 2015, and
December 31, 2015, how many allegations of
STAFF SEXUAL HARASSMENT were reported?
Number reported
None
.....
None
• If an allegation involved multiple victims or staff,
count only once.
• If an allegation involved multiple victimizations, 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.
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.)
a. Substantiated . . . . . . . .
None
a. Substantiated . . . . . . .
None
b. Unsubstantiated . . . . . .
None
b. Unsubstantiated . . . . .
None
c. Unfounded
None
c. Unfounded
.........
None
None
d. Investigation ongoing .
None
None
e. TOTAL (Sum of Items 17a
through 17d) . . . . . . . . . .
None
..........
d. Investigation ongoing
.
e. TOTAL (Sum of Items
14a through 14d) . . . . . . . .
• The total should equal the number
reported in Item 13.
FORM SSV-3 (5-18-2016)
• The number should equal the number
reported in Item 16.
Page 5
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 a
a Substantiated Incident Form
(Adult, SSV-IA) for each substantiated
incident of sexual victimization.
FORM SSV-3 (5-18-2016)
Clear Fields
Page 6
Print Form
Save As
Attachment 2 - SSV-4
OMB No. 1121-0292: Approval Expires 6/30/2017
U.S. DEPARTMENT OF JUSTICE
SSV-4
FORM
(5-18-2016)
BUREAU OF JUSTICE STATISTICS
SURVEY OF SEXUAL VICTIMIZATION, 2015
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
Title
TELEPHONE
E-MAIL
ADDRESS
City
Number and street or P.O. Box/Route Number
Area code
Number
FAX
NUMBER
State
▼
OFFICIAL
ADDRESS
▼▼▼
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 administered by two or more governments (or
a board composed of representatives from two or more
governments) . . .
• 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. INCLUDE privately operated
multi-jurisdictional facilities.
• FACILITIES OPERATED BY OR FOR:
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.
• Section I: when exact numeric answers are not available,
provide estimates and mark ( X ) the box beside each
figure.
• Sections II, III, and IV: if the answer to a question is "none"
or "zero," write "0" or 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.
• 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, 2015, and
December 31, 2015.
• 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.
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 summary and
substantiated incident forms by
August 15, 2016.
• 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: 1–888–262–3974
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
a. CONFINED on December 31, 2015?
• 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 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, 2015 . .
• 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 2015?
• 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 2015 . . . . . . .
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, 2015, and
December 31, 2015, 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, 2015, through December 31, 2015, and
divide the result by 365.
Male
Female
Average daily
population . . . . . . . . . . .
FORM SSV-4 (5-18-2016)
• 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? (See definitions on page 2.)
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, 2015, and
December 31, 2015, how many allegations
of inmate-on-inmate ABUSIVE SEXUAL
CONTACT were reported?
4. Between January 1, 2015, and
December 31, 2015, 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 a preponderance of the 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 (5-18-2016)
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 Section III.
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 include—
• Intentional touching, either directly or through the
clothing, 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
10. Between January 1, 2015, and
December 31, 2015, how many allegations of
inmate-on-inmate SEXUAL HARASSMENT
were reported?
• Occurrences of indecent exposure, invasion of privacy,
or staff voyeurism for reason unrelated to official duties
or for sexual gratification.
STAFF SEXUAL HARASSMENT
Number reported . . . . . . .
None
• If an allegation involved multiple victims or inmate
perpetrators, count only once.
• Exclude any allegations that were reported as consensual.
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). Include—
• Demeaning references to gender; or sexually suggestive
or derogatory comments about body or clothing;
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.)
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 11a
through 11d) . . . . . . . . .
None
• The total should equal the number reported in Item 10.
FORM SSV-4 (5-18-2016)
Page 4
Attachment 2 - SSV-4
12. Does your facility record allegations of STAFF
SEXUAL MISCONDUCT? (See definitions on page 4.)
01
02
Yes
No
15. Does your facility record allegations of STAFF
SEXUAL HARASSMENT? (See definitions on page 4.)
➔ 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, 2015, and
December 31, 2015, how many allegations of
STAFF SEXUAL MISCONDUCT were reported?
Number reported . . . . . .
No
16. Between January 1, 2015, and
December 31, 2015, how many allegations of
STAFF SEXUAL HARASSMENT were reported?
None
Number reported
• If an allegation involved multiple victimizations, 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 (5-18-2016)
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 aa Substantiated Incident Form
(Adult, SSV-IA) for each substantiated incident
of sexual victimization.
FORM SSV-4 (5-18-2016)
Clear Fields
Page 6
Print Form
Save As
Attachment 2 - SSV-5
OMB No. 1121-0292: Approval Expires 06/30/2017
U.S. DEPARTMENT OF JUSTICE
SSV-5
FORM
(4-20-2016)
BUREAU OF JUSTICE STATISTICS
SURVEY OF SEXUAL VICTIMIZATION, 2015
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, 2015,
and December 31, 2015.
• 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.
• Section I: when exact numeric answers are not available,
provide estimates and mark ( X ) the box beside each
figure.
• Sections II, III, and V: if the answer to a question is
"none" or "zero," write "0" or mark the box ( X )
provided.
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 summary and
substantiated incident forms by
September 15, 2016.
• 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): 1–888–262–3974
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, 2015, 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 and 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, 2015.
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, 2015, 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 through
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, 2015.
1. On December 31, 2015, 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, 2015, and December 31, 2015,
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 (4-20-2016)
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, 2015, and December 31, 2015,
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 a preponderance of the 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 (4-20-2016)
Page 3
Attachment 2 - SSV-5
8. Does your State juvenile system record
allegations of youth-on-youth ABUSIVE SEXUAL
CONTACT? (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 Section III.
below and then skip to Item 11.
9. Between January 1, 2015, and
December 31, 2015, how many allegations
of youth-on-youth ABUSIVE SEXUAL
CONTACT were reported?
12. Between January 1, 2015, and
December 31, 2015, how many allegations of
youth-on-youth SEXUAL HARASSMENT
were reported?
Number reported . . . . . .
None
• If an allegation involved multiple victims or youth
perpetrators, count only once.
Number reported . . . . . .
None
• If an allegation involved multiple victimizations, 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 (4-20-2016)
• 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 a
youth by an employee, volunteer, contractor, official visitor or
other agency representative (exclude family, friend or other
visitors).
Sexual relationships of a romantic nature between staff and
youths are included in this definition. Consensual or
nonconsensual sexual acts include—
• Intentional touching, either directly or through the
clothing, 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;
15. Between January 1, 2015, and
December 31, 2015, how many allegations
of STAFF SEXUAL MISCONDUCT were
reported?
Number reported . . . . . .
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.
None
• If an allegation involved multiple victimizations, 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.)
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). Include—
• Demeaning references to gender; or sexually suggestive
or derogatory comments about body or clothing;
a. Substantiated . . . . . . .
None
b. Unsubstantiated . . . . .
None
c. Unfounded . . . . . . . . . .
None
d. Investigation ongoing .
None
e. TOTAL (Sum of Items
16a through 16d) . . . . . . .
None
OR
• Repeated profane or obscene language or gestures.
• The total should equal the number reported in
Item 15.
FORM SSV-5 (4-20-2016)
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 20.
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 20.
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, 2015, and
December 31, 2015, how many allegations of
STAFF SEXUAL HARASSMENT were reported?
Number reported . . . . . .
Total substantiated
incidents . . . . . . . . . . . . .
None
➔ Please complete aa Substantiated
Substantiated 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
None
NOTES
• The total should equal the number reported in
Item 18.
FORM SSV-5 (4-20-2016)
Clear Fields
Page 6
Print Form
Save As
Attachment 2 - SSV-6
OMB No. 1121-0292: Approval Expires 6/30/2017
U.S. DEPARTMENT OF JUSTICE
SSV-6
FORM
(4-21-2016)
SURVEY OF SEXUAL VICTIMIZATION, 2015
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.)
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.
•
Section I: when exact numeric answers are not available,
provide estimates and mark ( X ) the box beside each
figure.
•
Sections II, III, and V: if the answer to a questions "none"
or "zero," write "0" or mark the box ( X ) provided.
Substantiated incidents of sexual violence:
• Please complete an Incident Form (Juvenile, SSV-IJ)
for each substantiated incident of sexual victimization.
Returning forms:
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, 2015, and December 31, 2015.
• 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.
• 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 summary and
substantiated incident forms by
September 15, 2016.
• 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): 1–888–262–3974
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, 2015, 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 and 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, 2015.
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, 2015, 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 through
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, 2015.
5. Between January 1, 2015, and
December 31, 2015, 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 (4-21-2016)
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.
7. Between January 1, 2015 and December 31, 2015,
how many allegations of youth-on-youth
NONCONSENSUAL SEXUAL ACTS were reported?
ABUSIVE SEXUAL CONTACT
Sexual contact of any person without his or her consent,
or of a person who is unable to consent or refuse;
Number reported . . . . . .
AND
• If an allegation involved multiple victimizations, count only
once.
• 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
• 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 a preponderance of the 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 (4-21-2016)
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 Section III.
10. Between January 1, 2015, and
December 31, 2015, how many allegations of
youth-on-youth ABUSIVE SEXUAL CONTACT
were reported?
Number reported . . . . . .
No
01
13. Between January 1, 2015, and
December 31, 2015, 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 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 (4-21-2016)
.
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
youths are included in this definition. Consensual or
nonconsensual sexual acts include–
• Intentional touching, either directly or through the clothing,
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
16. Between January 1, 2015, and
December 31, 2015, 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 . . . . . .
• If an allegation involved multiple victimizations, count only
once.
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). Include–
• Demeaning references to gender; or sexually suggestive
or derogatory comments about body or clothing;
None
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.)
a. Substantiated
OR
......
None
• Repeated profane or obscene language or gestures.
....
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 (4-21-2016)
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 aa Substantiated Incident Form
(Juvenile, SSV-IJ) for each substantiated
incident of sexual victimization.
NOTES
19. Between January 1, 2015, and
December 31, 2015, 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 (4-21-2016)
Clear Fields
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Save As
Attachment 2 - SSV-IA
OMB No. 1121-0292: Approval Expires 06/30/2017
SSV-IA
FORM
(4-21-2016)
U.S. DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS
SURVEY OF SEXUAL VICTIMIZATION, 2015
and ACTING AS COLLECTION AGENT
U.S. DEPT. OF COMMERCE
Substantiated 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 involved,
report their characteristics in Notes on page 5.
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
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
03
04
05
06
07
08
09
10
11
12
13
02
03
Male
03
Transgender
02
Female
04
Intersex
8. Victim #1: What was the victim’s age at the
time of the incident?
01
02
03
Under age 18
18 – 24
25 – 29
30 – 34
05
06
07
35 – 39
40 – 44
45 – 54
55 or older
08
04
In a common area (e.g., shower, dayroom, bathroom)
In a temporary holding cell or intake area within the
facility
9. Victim #1: What was the victim’s race/ethnic origin?
In a program service area (e.g., commissary, kitchen,
(Mark ( X ) all that apply.)
storage, laundry, cafeteria, workshop, hallway)
White (not of Hispanic origin)
01
In an instructional area (e.g., classroom, school, library,
Black (not of Hispanic origin)
02
conference room)
Hispanic or Latino
03
In a recreation area (e.g., yard, courtyard, gymnasium)
American Indian/Alaska Native (not of Hispanic origin)
04
In a medical area (e.g., infirmary, health clinic)
Asian (not of Hispanic origin)
05
In a staff area (e.g., office, break room, counselor’s office)
Native Hawaiian or Other Pacific Islander
06
(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
01
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)
Overnight (midnight to 6 a.m.)
04
Time unknown
05
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
time of the incident?
05
01
Under age 18
06
02
18 – 24
03
25 – 29
07
30 – 34
04
08
victim’s age at the
35 – 39
40 – 44
45 – 54
55 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-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 staff)
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
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 , below
Inmate-on-inmate abusive sexual contact
→ Complete Section A , below
Inmate-on-inmate sexual harassment
→ Complete Section A , below
Staff sexual misconduct → Complete Section B
on pages 4-5
Staff sexual harassment
→ Complete Section B on pages 4-5
Section A – INMATE-ON-INMATE SEXUAL VICTIMIZATION
inmate
18. How many perpetrators were involved in the
incident?
inmate
Number of perpetrators . . . .
inmate
➞ If more than two perpetrators were involved,
report their characteristics in Notes on
page 5.
➞ If the perpetrator was a staff member, go to Section B
on pages 4-5.
Page 2
FORM SSV-IA (4-21-2016)
Attachment 2 - SSV-IA
inmate
19. Perpetrator #1: What was the perpetrator’s
gender? (See definitions on page 5.)
01
02
Male
Female
03
04
01
Transgender
02
Intersex
inmate
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
07
08
45–54
55 or older
inmate
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
inmate
22. Perpetrator #2: What was the perpetrator’s
gender? (See definitions on page 5.)
01
Male
03
Transgender
02
Female
04
Intersex
inmate
23. Perpetrator #2: 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
07
08
45–54
55 or older
inmate
24. Perpetrator #2: What was the perpetrator’s race/
ethnic origin? (Mark ( X ) all that apply.)
01
02
03
04
05
06
07
25. What was the nature of the incident?
(Mark ( X ) all that apply.)
03
04
05
06
07
08
09
Voluntary sexual contact between inmates
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
inmate
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
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 (4-21-2016)
Page 3
➞ If the perpetrator was an inmate, go to Section A
on pages 2-3.
Section B – STAFF-ON-INMATE SEXUAL ABUSE
28. What was the nature of the incident?
(Mark ( X ) all that apply.)
Attachment 2 - SSV-IA
33. Staff #2: What was the gender of the staff?
01
Male
02
Female
34. Staff #2: What was the age of the staff at the
Physical force resulting in a nonconsensual
time of the incident?
sexual act
24 or younger
01
40 – 44
05
02
Pressure or abuse of power resulting in a
nonconsensual sexual act
25 – 29
02
45 – 54
06
30 – 34
03
07
55 or older
Indecent exposure, invasion of privacy, or
03
voyeurism for sexual gratification
35 – 39
04
Unwanted touching for sexual gratification
04
35. Staff #2: What was the race/ethnic origin of the
05
Sexual harassment or repeated verbal statements
staff involved in the incident?
of a sexual nature by staff
(Mark ( X ) all that apply.)
06
Wrote letters, showed pictures, or
White (not of Hispanic origin)
01
offered gifts or special privileges to inmate
02
Black (not of Hispanic origin)
Sexual relationship between inmate and staff
07
that appeared to be willing
03
Hispanic or Latino
Other – Specify
08
American Indian/Alaska Native (not of Hispanic
04
origin)
05
Asian (not of Hispanic origin)
Native Hawaiian or Other Pacific Islander
06
Level of coercion unknown
09
(not of Hispanic origin)
07
Other racial category in your information system –
29. How many staff were involved in the incident?
Specify
01
Number of staff . . . .
➔ If more than two staff were involved, report
their characteristics in Notes on page 5.
30. Staff #1: What was the gender of the staff?
01
Male
02
Female
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
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
04
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
03
04
05
06
07
08
09
Page 4
Full– or part–time paid employee
Contract employee or vendor
Volunteer or intern
Other – Specify
Administrator, including wardens, superintendents,
assistants and others in administrative positions
Correctional officer or supervisory staff
Clerical staff 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
FORM SSV-IA (4-21-2016)
Attachment 2 - SSV-IA
Definitions
38. What sanction was imposed on the staff?
(Mark ( X ) all that apply for all staff involved.)
11
Sent to training or counseling
Reprimanded or disciplined
Demoted, diminished responsibilities, or
suspended temporarily
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
12
No action taken
01
02
03
04
05
06
07
08
09
10
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 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 include—
Intentional touching, either directly or through the clothing,
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
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). Include demeaning references to gender; or sexually
suggestive or derogatory comments about body or clothing;
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 (4-21-2016)
Save As
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Print Form
Clear Fields
Attachment 2 - SSV-IJ
OMB No. 1121-0292: Approval Expires 06/30/2017
SSV-IJ
FORM
(4-20-2016)
U.S. DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS
SURVEY OF SEXUAL VICTIMIZATION, 2015
and ACTING AS COLLECTION AGENT
U.S. DEPT. OF COMMERCE
Substantiated 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
their characteristics in Notes on page 5.
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
01
Under age 13
04
18–19
cell)
05
20–24
02
13–15
In the perpetrator’s cell or room
03
16–17
06
25 or older
In a dormitory or other multiple housing unit
In a common area (e.g., shower, dayroom, 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, hallway)
Black (not of Hispanic origin)
02
In an instructional area (e.g., classroom, school, library,
Hispanic or Latino
03
conference room)
04
American Indian/Alaska Native (not of Hispanic origin)
In a recreation area (e.g., yard, courtyard, gymnasium)
05
Asian (not of Hispanic origin)
In a medical area (e.g., Infirmary, health clinic)
06
Native
Hawaiian or Other Pacific Islander
In a 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
Under age 13
13–15
16–17
04
05
06
18–19
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
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 staff)
08
Chaplain or other religious 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
13
member)
Confindential 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
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 , below
02
Youth–on–youth abusive contact
➔ Complete Section A , below
03
Youth–on–youth sexual harassment
➔ Complete Section A , below
Staff sexual misconduct
04
➔ Complete Section B on pages 4-5
05
Staff sexual harassment
➔ Complete Section B on pages 4-5
➞ If the perpetrator was a staff member, go to Section B
on pages 4-5.
Section A – YOUTH-ON-YOUTH SEXUAL VICTIMIZATION
youth
18. How many perpetrators were involved in the
incident?
Number of perpetrators . . . .
youth
youth
➞ If more than two perpetrators were involved,
report their characteristics in Notes on page 5.
FORM SSV-IJ (4-20-2016)
Attachment 2 - SSV-IJ
youth
19. Perpetrator #1: What was the perpetrator’s
gender? (See definitions on page 5.)
01
02
Male
Female
03
04
Transgender
Intersex
youth
20. Perpetrator #1: What was the perpetrator’s age
at the time of the incident?
01
02
03
Under age 13
13–15
16–17
04
05
06
18–19
20–24
25 or older
youth
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
youth
22. Perpetrator #2: What was the perpetrator’s
gender? (See definitions on page 5.)
01
02
Male
Female
03
04
Transgender
Intersex
youth
23. Perpetrator #2: What was the perpetrator’s age
at the time of the incident?
18–19
20–24
03
25 or older
06
youth
24. Perpetrator #2: What was the perpetrator’s race/
ethnic origin? (Mark ( X ) all that apply.)
01
02
01
02
03
04
05
06
07
Under age 13
13–15
16–17
04
05
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
youth
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
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 (4-20-2016)
Page 3
Attachment 2 - SSV-IJ
➞ If the perpetrator was a youth, go to Section A
on pages 2-3.
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, showed pictures, or offered gifts or
special privileges to youth
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
their characteristics in Notes on page 5.
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 supervisory staff
Clerical staff 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 (4-20-2016)
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
Sexual victimization
Sent to training or counseling
Reprimanded or disciplined
Demoted, diminished responsibilities, or
suspended temporarily
Transferred to another facility or unit
Arrested or referred to 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
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.
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 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
youths are included in this definition. Consensual or
nonconsensual sexual acts include—
Intentional touching, either directly or through the clothing, 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
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). Include demeaning references to gender; or sexually
suggestive or derogatory comments about body or clothing;
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 (4-20-2016)
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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
Attachment 4 - Data Protection
DERIVATION
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)
Attachment 4 - Data Protection
BUREAU OF JUSTICE STATISTICS
CHAPTER 46 - SUBCHAPTER III
[TITLE I - PART C]
42 USC § 3731
[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 - Data Protection
(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 - Data Protection
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 - Data Protection
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, Private
Page 1Prisons
of 7
Privately-operated State and Federal Prison Sample Design
for the 2015 Survey of Sexual Victimization
462 units on the frame
Date:
May 26, 2016
The updated 2012 Prison Census file serves as the frame for this sample. There are 462 privatelyoperated state and federal prisons on the file.
Some facilities are large compared to the rest, so we used a certainty cutoff to select some of the
facilities as certainties due to size. A facility was declared a certainty due to size if it held 450 or more
total prisoners. There are 79 size certainties in the 2015 sample.
The rest of the file was serpentine-sorted by region, state, 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 𝑌𝑌�𝐻𝐻𝐻𝐻 =
th
∑125
𝑖𝑖=1 [(𝑦𝑦𝑖𝑖 )(𝑤𝑤𝑤𝑤𝑤𝑤𝑤𝑤ℎ𝑡𝑡𝑖𝑖 )] where yi is the total prisoners in the i sample unit. The national count of total
prisoners is 136,989.
Table 2 shows the estimated coefficients of variation (CVs) for this sample design.
Table 1. Sample design table for privately-operated state and federal prisons
Obs ID
Measure of size
Weight
Measure of size * weight
1 038000000074900000000
2,982
1.0000
2982.00
2 038000000075000000000
1,469
1.0000
1469.00
3 038000000076100000000
1,626
1.0000
1626.00
4 038000000076800000000
1,286
1.0000
1286.00
5 038000000074700000000
701
1.0000
701.00
6 038000000076000000000
1,923
1.0000
1923.00
7 038000000076800001401
1,511
1.0000
1511.00
8 038000000072800000000
477
1.0000
477.00
Page 2Prisons
of 7
Attachment 5 - Sample Design, Private
Obs ID
Measure of size
Weight
Measure of size * weight
9 038000000073400000000
475
1.0000
475.00
10 058000000079992300000
676
1.0000
676.00
11 378000000079000000000
2,500
1.0000
2500.00
12 058015666070200000000
1,773
1.0000
1773.00
13 068000000073200000000
734
1.0000
734.00
14 068000000079900000000
579
1.0000
579.00
15 068000000072200000000
1,374
1.0000
1374.00
16 068000000073100000000
1,257
1.0000
1257.00
17 108000000079999500000
1,864
1.0000
1864.00
18 108000000079881000000
888
1.0000
888.00
19 108000000079999600000
1,996
1.0000
1996.00
20 108000000079996000000
977
1.0000
977.00
21 108000000079997000000
977
1.0000
977.00
22 108000000079992000000
1,524
1.0000
1524.00
23 108000000079999100000
1,889
1.0000
1889.00
24 118000000075800000000
2,702
1.0000
2702.00
25 118000000076000000000
2,498
1.0000
2498.00
26 118134666079981000000
1,749
1.0000
1749.00
27 118000000077000000000
1,506
1.0000
1506.00
28 118000000078000000000
1,124
1.0000
1124.00
29 118000000075700000000
2,648
1.0000
2648.00
30 150000000073700000000
3,118
1.0000
3118.00
31 150000000070700000000
519
1.0000
519.00
32 198000000071400000000
1,474
1.0000
1474.00
Page 3 of
7
Attachment 5 - Sample Design, Private
Prisons
Obs ID
Measure of size
Weight
Measure of size * weight
1,471
1.0000
1471.00
34 Assign ID;
Listed on LaSalle's
Website
717
1.0000
717.00
35 190000000073700000000
533
1.0000
533.00
36 258000000073100000000
998
1.0000
998.00
37 258000000073700000000
1,360
1.0000
1360.00
38 258001666071000000000
2,414
1.0000
2414.00
39 258000000071000000000
2,600
1.0000
2600.00
40 258000000074100000000
1,048
1.0000
1048.00
41 258000000073600000000
902
1.0000
902.00
42 278000000070991000000
547
1.0000
547.00
43 348046666079111100000
1,421
1.0000
1421.00
44 318000000075700000000
489
1.0000
489.00
45 328000000071700000000
609
1.0000
609.00
46 328000000071300000000
596
1.0000
596.00
47 328000000071600000000
1,171
1.0000
1171.00
48 328000000071400000000
1,171
1.0000
1171.00
49 328000000071500000000
583
1.0000
583.00
50 368000000074200000000
1,757
1.0000
1757.00
51 360000000073400000000
2,664
1.0000
2664.00
52 368000000073900000000
1,506
1.0000
1506.00
53 378000000074900000000
658
1.0000
658.00
54 378000000074800000000
1,610
1.0000
1610.00
55 378000000076100000000
2,502
1.0000
2502.00
33 198000000072300000000
Page 4Prisons
of 7
Attachment 5 - Sample Design, Private
Obs ID
Measure of size
Weight
Measure of size * weight
56 398035666076500000000
1,493
1.0000
1493.00
57 438000000072300000000
1,657
1.0000
1657.00
58 438000000073500000000
1,994
1.0000
1994.00
59 438000000073700000000
1,522
1.0000
1522.00
60 448000000079997000000
1,042
1.0000
1042.00
61 448114666070200000000
3,504
1.0000
3504.00
62 448000000079996700000
519
1.0000
519.00
63 448000000073700000000
520
1.0000
520.00
64 440000000079800400000
867
1.0000
867.00
65 448000000079940000000
518
1.0000
518.00
66 448048666070100000000
1,557
1.0000
1557.00
67 448000000079800500000
1,966
1.0000
1966.00
68 448000000078041000000
900
1.0000
900.00
69 448000000078043000000
468
1.0000
468.00
70 448000000079996000000
1,029
1.0000
1029.00
71 448000000073800000000
519
1.0000
519.00
72 448000000079200000000
998
1.0000
998.00
73 448000000079930000000
497
1.0000
497.00
74 448195666070100000000
2,405
1.0000
2405.00
75 448000000078020000000
1,355
1.0000
1355.00
76 448085666075110000000
1,915
1.0000
1915.00
77 448000000079999000000
1,067
1.0000
1067.00
78 448000000073900000000
1,037
1.0000
1037.00
79 478000000078500000000
1,569
1.0000
1569.00
Attachment 5 - Sample Design, Private
Prisons
Page 5 of
7
Obs ID
Measure of size
Weight
Measure of size * weight
379
1.6031
607.57
81 018037666070100000000
47
12.9269
607.57
82 028000000072300000000
105
5.7863
607.57
83 038010666076600000000
40
15.1891
607.57
84 056038666072000000000
213
2.8524
607.57
85 068000000078600000000
20
30.3783
607.57
86 068000000079000000000
126
4.8219
607.57
87 068000000079600000000
69
8.8053
607.57
88 078000000074400000000
35
17.3590
607.57
89 108000000079922200000
108
5.6256
607.57
90 108029666077997000000
140
4.3398
607.57
91 108042666076220000000
35
17.3590
607.57
92 118060666072000000000
161
3.7737
607.57
93 148000000075500000000
318
1.9106
607.57
94 148016666077300000000
192
3.1644
607.57
95 178087666072500000000
50
12.1513
607.57
96 188000000071600000000
73
8.3228
607.57
97 198000000071500000000
105
5.7863
607.57
98 198000000072800000000
181
3.3567
607.57
99 268039666075700000000
55
11.0466
607.57
100 278000000073600000000
53
11.4635
607.57
101 278000000073700000000
205
2.9637
607.57
102 318000000074200000000
403
1.5076
607.57
103 318000000075300000000
188
3.2317
607.57
80 Assign ID
Page 6Prisons
of 7
Attachment 5 - Sample Design, Private
Obs ID
Measure of size
Weight
Measure of size * weight
104 318000000075800000000
30
20.2522
607.57
105 318000000076000000000
337
1.8029
607.57
106 348011666079300000000
35
17.3590
607.57
107 358045666071400000000
63
9.6439
607.57
108 368000000075920000000
83
7.3201
607.57
109 368000000076400000000
150
4.0504
607.57
110 368000000077500000000
229
2.6531
607.57
111 378000000075500000000
198
3.0685
607.57
112 378000000078000000000
44
13.8083
607.57
113 398000000075900000000
13
46.7358
607.57
114 398000000076100000000
173
3.5119
607.57
115 398000000078100000000
62
9.7994
607.57
116 438079666074300000000
125
4.8605
607.57
117 448000000078031000000
177
3.4326
607.57
118 448000000078032000000
206
2.9493
607.57
119 448000000078071000000
64
9.4932
607.57
120 448000000078081000000
212
2.8659
607.57
121 448000000078092000000
271
2.2419
607.57
122 448071666079159900000
135
4.5005
607.57
123 448240666079139900000
95
6.3954
607.57
124 488017666070100000000
60
10.1261
607.57
125 498017666072100000000
30
20.2522
607.57
136,989.00
Attachment 5 - Sample Design, Private
Page 7Prisons
of 7
Table 2. Estimated CVs for this sample design
Estimate
Estimated variance
Total
CV
Adult females
1,010,841.01
7,185
14.0%
Adult males
1,599,130.79
128,895
1.0%
Page 1Jails
of 2
Attachment 5 - Sample Design, Public
Public Jails Sample Design for the 2015 Survey of Sexual Victimization
2,904 public jails on the 2015 Deaths in Custody file
Date:
June 1, 2016
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 2015 Deaths in Custody file as the frame.
We chose 111 units as certainties due to size (ADP of 1,000 or more). The remaining 543 units were
selected using a stratified systematic random sample. There are three noncertainty strata for those
units with less than 1,000 ADP.
We used the cumulative ��𝑓𝑓(𝑦𝑦)� method (Cochran, Sampling Techniques, 1977 edition, p. 129) to
determine the noncertainty stratum boundaries. Table 1 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, 2015. 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 1 shows the weights for this sample design. Table 2 shows the estimated coefficients of variation
of this sample design.
Table 1. Public Jails Sample Design
Stratum
number
1
2
3
4
5
1
Description
Largest jail in each state
Certainties due to size (1,000+ ADP)
Jails with 0 to 81 ADP
Jails with 82 to 261 ADP
Jails with 262 to 999 ADP
Units in 2015 Deaths in
Units in Sample
Custody file
sample
weight
46
46
1.0000
111
111
1.0000
1,452
178
8.1573
834
195
4.2769
461
170
2.7118
2,904
700
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.
Page 2Jails
of 2
Attachment 5 - Sample Design, Public
Table 2. 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
1.5%
1.9%
4.0%
3.2%
3.8%
0.9%
1.7%
Page 1Jails
of 2
Attachment 5 - Sample Design, Private
Private Jails Sample Design for the 2015 Survey of Sexual Victimization
39 private jails on the 2015 Deaths in Custody file
Date:
June 1, 2016
There are 39 private jails on the 2015 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 2015 Deaths in Custody file
extract.
We selected private jails with certainty if they had 900 or more ADP. There were 7 certainties due to
size. We selected the remaining 8 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 39 private jails on the frame have a total ADP of 18,679. We verify the sample weights by using
Horvitz-Thompson estimation. We use the sample to estimate the total ADP. The estimated total is
th
𝑌𝑌�𝐻𝐻𝐻𝐻 = ∑15
𝑖𝑖=1[(𝑦𝑦𝑖𝑖 )(𝑤𝑤𝑤𝑤𝑤𝑤𝑤𝑤ℎ𝑡𝑡𝑖𝑖 )] where yi is the ADP of the i unit in the sample.
Table 2 shows the estimated coefficients of variation for this sample design.
Attachment 5 - Sample Design, Private
Page 2Jails
of 2
Table 1. Private Jails sample design table
ID
Region
Measure
of size
Sampling
Weight
Measure of size *
Sampling Weight
178052052062000000000
Midwest
895
1.48408
1,328.25
398002002065000000000
Northeast
574
2.31402
1,328.25
441074074061000000000
South
511
2.59932
1,328.25
441126126061000000000
South
481
2.76143
1,328.25
441184184061000000000
South
433
3.06755
1,328.25
198013013062000000000
South
775
1.71387
1,328.25
111077077061000000000
South
652
2.03719
1,328.25
328030030061100000000
West
778
1.70726
1,328.25
158049008061000000000
Midwest
1,023
1.00000
1,023.00
191025024061000000000
South
900
1.00000
900.00
198037901061000000000
South
1,076
1.00000
1,076.00
398023023063000000000
Northeast
1,879
1.00000
1,879.00
438033033060100000000
South
1,023
1.00000
1,023.00
438019003068000000000
South
977
1.00000
977.00
448233233061000000000
South
1,175
1.00000
1,175.00
18,679.00
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
202,416.33
746,919.28
906,398.57
190,181.37
283,079.12
4,351,822,185.24
68,071,473,549.73
106,379,726,221.08
2015 total
4,144
30,772
34,916
4,196
32,848
111,746
571,430
683,176
CV
10.9%
2.8%
2.7%
10.4%
1.6%
59.0%
45.7%
47.7%
Attachment 5 - Sample Design, Tribal
Page 1Jails
of 3
Tribal Sample Design for the 2015 Survey of Sexual Victimization
57 units on the extract from the 2015 Jails in Indian Country file
Date:
May 23, 2016
The Bureau of Justice Statistics (BJS) requested a sample of 25 units from the 57 units listed on the 2015
Jails in Indian Country file extract. To be eligible for this sample, units hold only adults or adults and
juveniles. We added the jails that hold only juveniles to the juvenile sample for the 2015 Survey of
Sexual Victimization (SSV).
We selected the sample using probability proportional to size, with the adjusted average daily
population (ADP) as the measure of size. The adjusted ADP was the maximum of (1, estimated ADP).
Seven 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 83 or more.
The rest of the file was serpentine-sorted by two-digit state code and ADP.
The 25 tribal facilities selected for the sample have weights based on their measure of size. Table 1
shows the weights.
The 57 tribal facilities on the frame have a total ADP of 2,207. We verify the sample weights by using
Horvitz-Thompson estimation. We use the sample to estimate the total ADP. The estimated total is
th
𝑌𝑌�𝐻𝐻𝐻𝐻 = ∑25
𝑖𝑖=1[(𝑦𝑦𝑖𝑖 )(𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆ℎ𝑡𝑡𝑖𝑖 )] 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. Tribal sample for 2015 SSV
ID
Facility
Adjusted
measure
Adjusted
of size *
measure Sampling Sampling
of size
Weight Weight
037001001072000000000
Navajo Department of Corrections, Window
Rock
49
1.37755
67.5
037007001070100000000
Salt River Pima-Maricopa Department of
Corrections
55
1.22727
67.5
037011001070100000000
Ak-Chin Tribal Police and Detention Center
19
3.55263
67.5
037015001070100000000
Colorado River Indian Tribes Adult Detention
Center
42
1.60714
67.5
067042001070100000000
Chief Ignacio Justice Center Adult Detention
28
2.41071
67.5
Attachment 5 - Sample Design, Tribal
Page 2Jails
of 3
ID
Facility
Adjusted
measure
Adjusted
of size *
measure Sampling Sampling
of size
Weight Weight
137003001070100000000
Shoshone Bannock Tribal Corrections
55
1.22727
67.5
257050001070100000000
Choctaw Justice Complex Adult Detention
42
1.60714
67.5
277024001070100000000
Flathead Adult Detention Center
25
2.70000
67.5
277043001070100000000
Fort Peck Police Department and Adult
Detention Center
47
1.43617
67.5
297004002070100000000
Eastern Nevada Law Enforcement Adult
Detention Facility
9
7.50000
67.5
327001001071300000000
Navajo Department of Corrections, Shiprock
Police Department and Adult Detention
19
3.55263
67.5
327032001070100000000
Laguna Detention Center
30
2.25000
67.5
357003001070100000000
Fort Totten Law Enforcement and Adult
Detention Center
28
2.41071
67.5
357043001070100000000
Standing Rock Law Enforcement and Adult
Detention Center
51
1.32353
67.5
427015001070100000000
Sisseton-Wahpeton Law Enforcement Adult
Detention Center
12
5.62500
67.5
427043001070100000000
Lower Brule Justice Center, Adult Detention
28
2.41071
67.5
487014001070100000000
Chehalis Tribal Jail
29
2.32759
67.5
507040001070100000000
Menominee Tribal Detention Facility
37
1.82432
67.5
037011002071600000000
Gila River Department of Rehabilitation and
Supervision, Adult
142
1.00000
142.0
037004001070100000000
San Carlos Department of Corrections and
Rehabilitation, Adult
120
1.00000
120.0
037010001071500000000
Tohono O’odham Adult Detention Center
175
1.00000
175.0
037009001070100000000
White Mountain Apache Detention Center
140
1.00000
140.0
427004001070400000000
Oglala Sioux Tribal Offenders Facility
114
1.00000
114.0
427061001070300000000
Rosebud Sioux Tribal Police Department and
Adult Detention
83
1.00000
83.0
487034001070100000000
Nisqually Adult Corrections
218
1.00000
218.0
2207.0
PageJails
3 of 3
Attachment 5 - Sample Design, Tribal
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
2015 total
2,180.43
66.89
15,461.80
136.42
20,706.18
204.53
527
3
1,626
9
2,153
12
CV
8.9%
272.6%
7.6%
129.8%
6.7%
119.2%
We note that the coefficients of variation for female juveniles and male juveniles in this sample design
are the highest we have seen for the tribal sample over the years of the data collection. The high CVs
this year are driven by facilities that have only one juvenile male or juvenile female and a very small
estimated ADP.
We use the Rao-Hartley formula to estimate the variance for this sample design. The variance is given
by
2
(𝑛𝑛−1)
𝑦𝑦𝑖𝑖
𝑌𝑌
𝑉𝑉�𝑌𝑌�� ≈ ∑𝑁𝑁
1 𝜋𝜋𝑖𝑖 �1 − 𝑛𝑛 𝜋𝜋𝑖𝑖 � �𝜋𝜋 − � .
𝑖𝑖
𝑛𝑛
The third term in the formula gets large quickly when the y for the unit is small (say one female juvenile
or one male juvenile) and the probability of selection π is also small (which happens when the facility
has ADP of 1).
Page 1 Facilities
of 6
Attachment 5 - Sample Design, Juvenile
Juvenile Facility Sample Design for the
2015 Survey of Sexual Victimization
2,194 open non-tribal facilities on the 2014 Juvenile Residential Facility Census file
Date:
May 20, 2016
For the 2015 Survey of Sexual Victimization (SSV) juvenile facility sample, the Bureau of Justice Statistics
(BJS) requested a sample design similar to that used for the 2014 juvenile facility sample. Note that we
select tribal juvenile facilities from the Jails in Indian Country file, not the 2014 Juvenile Residential
Facility Census (JRFC) file. Facilities that hold zero juvenile offenders on reference day are not eligible
for the 2015 SSV sample.
To understand this year’s design, we need to look at how we categorize the facilities. The 2014 JRFC
serves as the frame for the 2015 SSV.
Table 1. 2015 SSV juvenile facility sampling frame
2,194 open non-tribal facilities in the 50 states and DC in the 2014 JRFC file 1
342 non-tribal facilities in the 50 states and DC that held zero juvenile offenders on reference day
1,852 non-tribal facilities in the 50 states and DC in the 2014 JRFC file that held at least one juvenile
offender on reference day
The initial certainty requirements asked that all 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 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, 36 units are in sample with certainty as the largest locallyoperated facility in the state, and 48 are in with certainty as the largest privately-operated facility in the
state. We select 446 noncertainty units to fill out the sample.
1
The 2014 JRFC final file sent to the Office of Juvenile Justice and Delinquency Prevention (OJJDP) contained
records for 2,429 facilities. That number included 206 facilities that were permanently closed, temporarily closed,
or out-of-scope. Prior to the 2013 Census of Juveniles in Residential Placement (CJRP), the final file provided to
OJJDP did not contain records for permanently closed, temporarily closed, or out-of-scope facilities. OJJDP
requested that the permanently closed, temporarily closed, or out-of-scope facilities be included on the final file
starting with the 2013 CJRP so that researchers could better track juvenile facilities across the years. While
working on the juvenile sample for the 2015 SSV, we discovered that 5 facilities had their status incorrectly
marked. We have reclassified those facilities for the SSV sample selection, so there are 2,194 open facilities and
205 that were permanently closed, temporarily closed, or out-of-scope.
Page 2 ofFacilities
6
Attachment 5 - Sample Design, Juvenile
Table 2. Certainty and noncertainty counts on the 2015 frame
401
36
577
48
790
1,852
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 state and DC in the 2014 JRFC file 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
Facility count Persons assigned to beds
Midwest detention facilities
146
3,513
Northeast detention facilities
52
801
South detention facilities
143
3,627
West detention facilities
121
4,697
32
516
Local commitment facilities
129
3,928
Private facilities
744
15,377
Local non-commitment facilities
32,459
Page 3 ofFacilities
6
Attachment 5 - Sample Design, Juvenile
Table 4. Proportionally allocating the sample across noncertainty strata
Stratum
Proposed sample size
Midwest detention facilities
48
Northeast detention facilities
11
South detention facilities
50
West detention facilities
65
Local non-commitment facilities
Local commitment facilities
Private facilities
7
54
211
Forty-nine 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 twenty-one 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.
Fifty-two 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.
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 1,245 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.
Attachment 5 - Sample Design, Juvenile
Page 4 ofFacilities
6
Table 5. Juvenile facilities sample design table
Stratum
Description
Number
N
n
10
State central reporters and facilities that report separately
401
401
15
Tribal juvenile facilities from the Jails in Indian Country file
19
19
20
Largest locally-operated facility in each state
36
36
30
Largest privately-operated facility in each state
48
48
40A
Midwest detention facilities
139
41
40B
Northeast detention facilities
52
11
40C
South detention facilities
132
39
40D
West detention facilities
90
34
40E
Detention facility certainties due to size
49
49
51
Local non-commitment
31
6
52
Local commitment
109
34
53
Local facility certainties due to size
21
21
60
Private facilities
692
159
63
Private facility certainties due to size
52
52
1,871
950
TOTALS
Calculating the coefficients of variation for this sample2
We use the Rao-Hartley formula to estimate the variance of this sample design. The variance is given by
𝑁𝑁
𝑉𝑉�𝑌𝑌�� ≈ � 𝜋𝜋𝑖𝑖 �1 −
1
2
(𝑛𝑛 − 1)
𝑦𝑦𝑖𝑖 𝑌𝑌 2
𝜋𝜋𝑖𝑖 � � − �
𝜋𝜋𝑖𝑖 𝑛𝑛
𝑛𝑛
The calculations for the coefficients of variation do not include the 19 tribal facilities form 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, Juvenile
Page 5 ofFacilities
6
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).
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
52,079.16
49,076.93
7,010.24
2,795.93
2014 total
50,821
6,424
15,187
229
CV
0.4%
3.4%
0.6%
23.1%
Verification of the sample produced by the Public Sector Statistical
Methods Branch
The Public Sector Statistical Methods Branch of the Economic Statistical Methods Division selected the
locally-operated and privately-operated facility records for this sample. The Criminal Justice Branch of
the Economic Reimbursable Surveys Division prepared the mailout records for the state-operated units
in stratum 10, and the 19 tribal juvenile facilities from the Jails in Indian Country file in stratum 15.
The file produced by the Public Sector Statistical Methods Branch has 530 records. We can verify the
sample selection by estimating the total number of persons assigned to beds for locally-operated and
privately-operated facilities. There are 39,765 persons assigned to beds in locally-operated and
privately-operated facilities in the 2014 JRFC that are in-scope for the 2015 SSV.
We use the Horvitz-Thompson estimator to estimate the total number of persons assigned to beds.
530
� 𝐻𝐻𝐻𝐻 = � 𝑦𝑦𝑖𝑖 (𝑤𝑤𝑤𝑤𝑤𝑤𝑤𝑤ℎ𝑡𝑡𝑖𝑖 )
𝑌𝑌
𝑖𝑖=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 Public Sector Statistical Methods Branch.
Page 6 Facilities
of 6
Attachment 5 - Sample Design, Juvenile
Table 7. Estimated total number of persons assigned to beds in the locallyoperated and privately-operated facilities in the juvenile sample
Stratum number
Facilities in sample
Estimated total
20
36
2,966.00
30
48
4,340.00
40A
41
2,923.00
40B
11
801.00
40C
39
2,597.00
40D
34
1,474.00
40E
49
4,843.00
51
6
424.00
52
34
2,307.00
53
21
1,713.00
60
159
10,539.00
63
52
4,838.00
530
39,765.00
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.
Attachment 6
Survey Request Letters
[ full packet cover letter, see paragraph 3 ]
May 23, 2017
«CONTACT», «TITLE»
«AGENCYNAME»
«ADDRESS1»
«CITY», «STATE_ABBR» «ZIP»
Dear «SALUTATION»:
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.” 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. In 2013, we renamed the survey as the Survey
of Sexual Victimization to better reflect the array of incidents that are covered under PREA. In January
2016, BJS released reports providing detailed findings from past juvenile SSV data collections. We expect
to release new survey results for adult facilities in 2017.
We are now conducting the 2016 SSV, as mandated by PREA. We hope that you will take the time to
complete the enclosed forms. Alternatively, you may complete the survey electronically at
http://harvester.census.gov/ssv. Your UserID is «USERID» and «PASSWORD» is your password. These
also appear on the summary form, to the left of the address label. Please submit your completed forms to
the Census Bureau or online by August 15, 2017.
To download blank forms in fillable portable document format from the BJS website, go to
www.bjs.gov/content/pub/pdf/ssv3_2016.pdf for the summary form and
www.bjs.gov/content/pub/pdf/ssvia_2016.pdf for the substantiated incident form.
BJS is authorized to conduct this data collection under 42 U.S.C. § 3732(c) and P.L. 108-79. BJS, its
employees, and its data collection agents will use the information you provide for statistical or research
purposes only, and will not disclose your information in identifiable form without your consent to anyone
outside of the BJS project team. All personally identifiable data collected under BJS’s authority are
protected under the confidentiality provisions of 42 U.S.C. § 3789g, and any person who violates these
provisions may be punished by a fine up to $10,000, in addition to any other penalties imposed by law.
Further, per the Cybersecurity Enhancement Act of 2015 (6 U.S.C. § 151), federal information systems are
protected from malicious activities through cybersecurity screening of transmitted data. For more
information, go to www.bjs.gov/content/pub/pdf/BJS_Data_Protection_Guidelines.pdf.
The U.S. Census Bureau is the data collection agent for the 2016 SSV. If you need 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.
[ web cover letter, see paragraph 3 ]
May 23, 2017
«CONTACT», «TITLE»
«AGENCYNAME»
«ADDRESS1»
«CITY», «STATE_ABBR» «ZIP»
Dear «SALUTATION»:
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.” 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. In 2013, we renamed the survey as the Survey
of Sexual Victimization to better reflect the array of incidents that are covered under PREA. In January
2016, BJS released reports providing detailed findings from past juvenile SSV data collections. We expect
to release new survey results for adult facilities in 2017.
We are now conducting the 2016 SSV, as mandated by PREA. In the past you have completed the survey
electronically, so we are sending Web access information rather than paper forms. We hope that you will
take the time to complete the survey. You can access the survey at http://harvester.census.gov/ssv. Your
UserID is «USERID» and «PASSWORD» is your password. Please complete the survey by
August 15, 2017.
To download blank forms in fillable portable document format from the BJS website, go to
www.bjs.gov/content/pub/pdf/ssv3_2016.pdf for the summary form and
www.bjs.gov/content/pub/pdf/ssvia_2016.pdf for the substantiated incident form.
BJS is authorized to conduct this data collection under 42 U.S.C. § 3732(c) and P.L. 108-79. BJS, its
employees, and its data collection agents will use the information you provide for statistical or research
purposes only, and will not disclose your information in identifiable form without your consent to anyone
outside of the BJS project team. All personally identifiable data collected under BJS’s authority are
protected under the confidentiality provisions of 42 U.S.C. § 3789g, and any person who violates these
provisions may be punished by a fine up to $10,000, in addition to any other penalties imposed by
law.Further, per the Cybersecurity Enhancement Act of 2015 (6 U.S.C. § 151), federal information systems
are protected from malicious activities through cybersecurity screening of transmitted data. For more
information, go to www.bjs.gov/content/pub/pdf/BJS_Data_Protection_Guidelines.pdf.
The U.S. Census Bureau is the data collection agent for the 2016 SSV. If you need 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 - Nonresponse Follow-up, Phone
Phone Scripts
If the call goes to voicemail:
Hello my name is … [your name]. I’m calling from the U.S. Census Bureau on behalf of
the U.S. Department of Justice, Bureau of Justice Statistics. I’m contacting you about
the 2016 Survey of Sexual Victimization. This survey was mailed to you in July. Our
records show that we have not yet received a response from your facility.
If you need a time extension or another copy of the forms, please call me at … [your
number]. Again, that’s … [number] and my name is … [first name]. If you have
questions about completing the forms, you may call Greta Clark at 1-800-253-2078.
Thank you for your attention to this important survey.
If someone (not the listed respondent) answers the phone:
Hello my name is … [your name]. I’m calling from the U.S. Census Bureau on behalf of the
U.S. Department of Justice, Bureau of Justice Statistics. I’m trying to reach [state the
respondent’s name] about the 2016 Survey of Sexual Victimization. Can you put me through?
If they forward your call to the respondent:
See below pages for phone scripts.
If they cannot forward your call but do not say [the respondent] is no longer there:
When is a good time for me to reach [state the respondent’s name]? (Note the day/time.)
Thank you.
If the respondent is no longer there:
Can you direct me to someone who handles PREA matters, such as the PREA Coordinator?
(Note the new name and phone number, if possible.)
(If no)
Thank you for your time. (Refer to Analyst.)
If the respondent answers the phone:
Hello my name is … [your name]. I’m calling from the U.S. Census Bureau on behalf of
the U.S. Department of Justice, Bureau of Justice Statistics. I’m contacting you about
the 2016 Survey of Sexual Victimization. This survey was mailed to you in May. Our
records show that we have not yet received a response from your facility. Do you need
more time?
(If they ask, tell them their due date) SSV-3 [The due date was August 15, 2017.]
SSV-4 [The due date was August 15, 2017.]
SSV-6 [The due date was August 31, 2017.]
If they say they’re not going to respond:
Thank you for your time. (Refer to an analyst.)
Attachment 7 - Nonresponse Follow-up, Phone
If they need a time extension:
Will 2 weeks be enough?
(If yes) Thank you. I have entered a 2 week extension for you. Your due date is [new due
date]. In the meantime, if you have questions about the survey, please call Greta Clark
at 1-800-253-2078. Thank you.
(If they need more than 3 weeks) The maximum amount of time I can give you is X weeks.
Your new due date is [new due date]. Please do what you can in that time. If you find you
need additional time or have questions about the survey, please call Greta Clark at
1-800-253-2078. Thank you.
If they say they’ve already submitted their forms:
Thank you. Can you tell me when you submitted your forms? (Note the date, then ask)
Did you submit them by fax, web, or mail? (Note the method, then ask)
Did you keep a copy for your records?
(If they have a copy, ask) Can you fax a copy to me today? Fax number is 1-888-262-3974.
(If they do not have a copy, say)
I will double-check to see if we have your forms, and get back with you if there are
follow-up questions. Thank you.
If they want to submit data by phone:
Yes, I can collect the data now. (Enter their answers in the appropriate fillable PDF.)
If they need another questionnaire:
Sure, I can send one right away. If you would like to use the fillable PDF, you can download
it from the Internet.
If they want fillable PDFs:
Do you have web access right now?
(If yes and Harvester is running)
I can direct you to the fillable PDF’s on Harvester. Go to http://harvester.census.gov/ssv/.
Scroll down to the bottom of the page. You will need the SSV-[3, 4, or 6]. And, you will need to
complete the SSV-[IA, IJ], one for each substantiated incident that occurred in 2016. Also
complete one Substantiated Incident form for each incident that occurred prior to 2016 but was
first reported or substantiated in 2016.
(If yes and Harvester is down)
I can direct you to the fillable PDF’s on the BJS website.
If they do not want fillable PDFs or cannot download the PDFs, ask:
Do you prefer fax or email? (Verify the fax number or email address.)
Thank you, I will send the forms in a few minutes. Do you need a time extension?
For Fax, print the Summary and Incident forms, fill out a Fax Cover Sheet, then Fax.
For email, see pages x and y for directions.
Attachment 7 - Nonresponse Follow-up, Phone
If they need their UserID and Password:
(Look up their UserID and temporary Password on the spreadsheet your supervisor provided.)
Your user ID is [UserID] and your temporary password is [password]. After you log in the first
time, you will need to enter your email address and change the password right away. Do you
need the URL? (If yes), the URL is http://harvester.census.gov/ssv.
Would you like me to stay on the line while you log on?
(If yes, stay on the line and assist.)
(If no or after they changed their password, say)
If you have more questions later, please call Greta Clark at 1-800-253-2078. Thank you.
If they ask about the purpose of SSV or other substantive questions:
The 2016 Survey of Sexual Victimization is being collected for the U.S. Department of Justice,
Bureau of Justice Statistics. It asks about allegations of sexual victimization of [inmates
(SSV-3 and 4), youth (SSV-6)] that occurred or were first reported in your facility in calendar
year 2016.
If they have more questions: Let me refer you to the Census Bureau Project Manager,
Greta Clark. Would you like to call her, or shall I ask her to call you?
If they want to make the call:
You can reach her at 1-800-253-2078. Thank you.
If they want Greta to call them:
(Verify their name and number, and ask) When would be a good time for her to reach you?
Attachment 7 - Nonresponse Follow-up, E-Mail
E-Mail
E-mail in place of phone contact
If you are sending an e-mail rather than calling:
Hello! I am emailing you on behalf of the U.S. Department of Justice, Bureau of Justice
Statistics, about the 2016 Survey of Sexual Victimization (SSV). This survey was mailed to
your facility in May and was recently due back to us. Our records show that we have not yet
received the questionnaire from your facility.
If you could, please complete the attached forms or forward them to whomever can best
complete them for your facility. We need you to complete the forms even if your facility had
no allegations of sexual victimization in calendar year 2016. If that is the case, on the
Summary form please enter zero (0) for the number of allegations, and answer the other
questions.
The Substantiated Incident form is for allegations that were determined to have occurred.
Please complete one Substantiated Incident form for each incident that occurred in 2016. Also
complete one Substantiated Incident form for each incident that occurred prior to 2016 but was
first reported or substantiated in 2016.
If you have any questions or need assistance filling the forms out, please contact me.
Thank you for your time,
[Your Name]
[Your Title]
U.S. Census Bureau
Toll-free: 1-800-253-2078
Email: govs.ssv@census.gov
Fax: 1-888-262-3974
Website: http://harvester.census.gov/ssv
Email follow-up to a request for forms
If a respondent would like a fillable form emailed to them, use this wording:
Hello! It was a pleasure speaking with you.
Here are the forms you requested. Please complete them as soon as possible.
As I may have mentioned on the phone, we need you to complete the forms even if your
facility had no allegations of sexual victimization for calendar year 2016. If that is the case, on
the Summary form please enter zero (0) for the number of allegations, and answer the other
questions.
The Substantiated Incident form is for allegations that were determined to have occurred.
Please complete one Substantiated Incident form for each incident that occurred in 2016. Also
complete one Substantiated Incident form for each incident that occurred prior to 2016 but was
first reported or substantiated in 2016.
If you have any questions or need assistance filling the forms out, please contact me.
Thank you for your time,
[Your Name]
[Your Title]
U.S. Census Bureau
Toll-free: 1-800-253-2078
Email: govs.ssv@census.gov
Fax: 1-888-262-3974
Website: http://harvester.census.gov/ssv
Attachment 7 - Nonresponse Follow-up, Fax
CRIMINAL JUSTICE STATISTICS BRANCH
ECONOMIC REIMBURSABLE SURVEYS DIVISION
U.S. CENSUS BUREAU
FAX TRANSMISSION COVER SHEET
TO:
PHONE:
FAX:
FROM: Greta Clark
Survey of Sexual Victimization,
Project Manager
PHONE:
FAX:
1‐800‐253‐2078
1‐888‐891‐2099
SUBJECT: Hello! We are still missing your 2016 Survey of Sexual Victimization submission
that was due to us by [due date]. 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 response 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
*************************************************************************
File Type | application/pdf |
Author | Ramona Rantala |
File Modified | 2017-03-03 |
File Created | 2014-03-12 |