NIS-4J attachments

Attachments
Attachment A: The Omnibus Crime Control and Safe Street Act of 1968 as amended (42 U.S.C. 3732)
Attachment B: Attachment B: The Prison Rape Elimination Act of 2003 (PREA, Public Law 108-79)
Attachment C: ACASI Survey – Combined Version
Attachment D: Full Study ACASI Consent Form & Script
Attachment E: PAPI Questionnaires
Attachment F: Full Study PAPI Consent Form & Script
Attachment G: Facility Questionnaire
Attachment H: IRB Approval
Attachment I: BJS Thank you Letter – Full Study

Attachment A: The Omnibus Crime Control and Safe Street Act of 1968 as amended
(42 U.S.C. 3732)

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

197

T I T L E V—(GENERAL P K O V I S I O N S
SEC. 5()L XO part of any appropriation contained in this Act shall
remain avaihible for oblijration beyond the current fiscal year unless
expressly so provided herein.
SEC. O():2. Section 5(b) of the Act entitled ''An Act creating a com- ^^^^°^^ c°or-'^"'^'
mission to be known as tlie Connnission on Obscenity and Por- gress."
nography'', approved October 3,19B7 (Public Law 90-100), is amended si stat. 2S5.
l)y striking out "January ;^>1, 1070"' and inserting in lieu thereof "July ^ote
^^^^
;n, 1970".
This Act may be cited as the "Treasury, Post Office, and Executive short titie.
Office Appropriation Act, 1069".
Approved June 19, 1968.
Public Law 90-351

,, .,L

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.

June 19 ^ggg
[H. R. 50373

Be It enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may cc^Tr^^^and^saTe
be cited as the "Omnibus Crime Control and Safe Streets Act of 1968". streets Act of 1968.
T I T L E I—LAW E N F O R C E M E N T A S S I S T A N C E
DECLARATIONS AND PURPOSE

Congress finds that the high incidence of crime in the United States
threatens the peace, security, and general welfare of the Nation and
its citizens. To prevent crime and to insure the greater safety of the
people, law enforcement efforts must be better coordinated, intensified,
and made more effective at all levels of government.
Congress finds further that crime is essentially a local problem that
must be dealt with by State and local governments if it is to be controlled effectively.

198

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

I t is therefore the declared policy of the Congress to assist State and
local governments in strengthening and improving law enforcement at
eyery level by national assistance. I t is the purpose of this title to (1)
encourage States and units of general local government to prepare and
adopt comprehensive plans based upon their evaluation of State and
local problems of law enforcement; (2) authorize grants to States and
units of local government in order to improve and strengthen law
enforcement; and (3) encourage research and development directed
toward the improvement of law enforcement and the development of
new methods for the prevention and reduction of crime and the detection and apprehension of criminals.
PART A — L A W ENFORCEMENT ASSISTANCE ADMINISTRATION

SEC. 101. (a) There is hereby established within the Department of
Justice, under the general authority of the Attorney General, a Law
Enforcement Assistance Administration (hereafter referred to in this
title as "Administration").
(b) The Administration shall be composed of an Administrator of
Law Enforcement Assistance and two Associate Administrators of
Law Enforcement Assistance, who shall be appointed by the President, by and with the advice and consent of the Senate. No more than
two members of the Admhiistration shall be the same political party,
and members shall be appointed with due regard to their fitness, knowledge, and experience to perform the functions, powers, and duties
vested in the Administration by this title.
(c) I t shall be the duty of the Administration to exercise all of
the functions, powers, and duties created and established by this title,
except as otherwise provided.
PART B — P L A N N I N G GRANTS

/ \_3EC. 201. I t is the purpose of this part to encourage States and
I units of general local government to prepare and adopt compre1 hensive law enforcement plans based on their evaluation of State
I and local problems of law enforcement.
a ^e'ncLf ^""^"^ \
^^^' ^^^' '^'^^ Administration shall make grants to the States for the
agencies.
\ establishment and operation of State law enforcement planning agen\ cies (hereinafter referred to in this title as "State planning agencies")
\for the preparation, development, and revision of the State plans
'required under section 803 of this title,^)Any State may make application to the Administration for such grants within six months of the
date of enactment of this Act.

..A

82 STAT. ]

199

PUBLIC LAW 90-351-JUNE 19, 1968

SEC. 203. (a) A grant made under this part to a State sliall be
utilized by the State to establisli and maintain a State planning agency.
Such agency shall be created or designated by the chief executive of
the State and shall be subject to his jurisdiction. The State })lanning
agency shall be representative of law enforcement agencies of the State
and of the units of general local government Avithin the State.
(b) The State planning agency shall—
(1) develop, in accordance with part ( \ a comprehensive statewide plan for the improvement of law enforcement throughout
the State;
(2) define, develop, and correlate programs and projects for
the State and the units of general local government in the State or
combinations of States or units for improvement in law enforcement; and
(3) establish priorities for the improvement in law enforcement
throughout the State.
(c) The State planning agency shall make such arrangements as
such agency deems necessary to provide that at least 40 per centum of
all Federal funds granted to such agency under this part for any fiscal
year will be available to units of general local government or combinations of such units to enable such units and combinations of such units
to participate in the fornuilation of the comprehensive State plan
required under this part. Any portion of such 40 per centum in any
State for any fiscal year not re(piired for the purpose set forth in the
preceding sentence shall be available for expenditure by such State
agency from time to time on dates during such year as the Administration may fix, for the development by it of the State plan required
under this part.
{[^Ec. 204. A Federal grant autliorized under this part shall not
exceed 90 per centum of the expenses of the establishment and operation of the State planning agency, including tlie i)remration, development, and revision of the plans required by i)art ( y W h e r e Federal
grants under this part are made directly to units of geiieral local government as authorized by section 305. the grant shall nor exceed 90 per
centum of the expenses of local planning, including the j^reparation,
development, and revision of plans required by part C.
SEC. 205. Funds appropriated to make grants under this part for a
fiscal year shall be allocated by the Administration among the States
for use therein by the State planning agency or units of general Icxjal
government, as the case may be. The Administration shall allocate
$100,000 to each of the States; and it shall then allocate the remainder
of such funds available among the States according to their relative
populations.
PART C — G R A N T S FOR LAW ENFORCE^IENT PURPOSES

''^

SEC. 301. (a) I t is the purpose of this part to encourage States and
units of general local government to carry out programs and i:)rojects
to improve and strengthen law enforcement.
(b) The Administration is authorized to make grants to States
having comprehensive State plans approved by it under this part,
for—

96-600 O - 69 - 16

Functions.

Allocation of
fund s.

200

PUBLIC LAW 90-351-JUNE 19, 1968
-^

Federal grants,
amounts.

Prohibition.

[82 STAT.

(1) Public protection, including the development, demonstration, evaluation, implementation, and purchase of methods,
devices, facilities, and equipment designed to improve and
* strengthen law enforcement and reduce crime in public and
private places.
•^
(2) The recruiting of law enforcement personnel and the
training of personnel in law enforcement.
^
(^3) Public education relating to crime prevention and encouraging respect for law and order, including education programs
in schools and programs to improve public understanding of
and cooperation with law enforcement agencies.
(4) Construction of buildings or other physical facilities
which would fulfill or implement the purposes of this section.
U(5) The organization, education, and training of special law
enforcement units to combat organized crime, including the
establishment and development of State organized crime prevention councils, the recruiting and training of special investigative
and prosecuting personnel, and the development of systems for
collecting, storing, and disseminating information relating to
the control of organized crime.
^^
(6) The organization, education, and training of regular law
enforcement officers, special law enforcement units, and law enforcement reserve units for the prevention, detection, and control
of riots and other violent civil disorders, including the acquisition
of riot control equipment.
tX
(7) The recruiting, organization, training and education of
community service officers to serve with and assist local and State
law enforcement agencies in the discharge of their duties through
such activities as recruiting; improvement of police-community
relations and grievance resolution mechanisms; community patrol
activities; encouragement of neighborhood participation in crime
prevention and public safety efforts; and other activities designed
to improve police capabilities, public safety and the objectives of
this section: Provided^ That in no case shall a grant be made under
this subcategory without the approval of the local government or
_JjQcal law enforcement agency.
(c) The amount of any Federal grant made under paragraph (5)
or (6) of subsection (b) of this section may be up to 75 per centum of
the cost of the program or project specified in the application for such
grant. The amount of any grant made under paragraph (4) of subsection (b) of this section may be up to 50 per centum of the cost of
the program or project specified in the application for such grant. The
amount of any other grant made under this part may be up to 60 per
centum of the cost of the program or project specified in the application for such graiifj Provided,^ That no part of any grant for the
purpose of construcnon of buildings or other physical facilities shall
be used for land acquisition.
(d) Not more than one-third of any grant made under this part
may be expended for the compensation of personnel. The amount of
any such grant expended for the compensation of personnel shall not
exceed the amount of State or local funds made available to increase
such compensation. The limitations contained in this subsection shall
not apply to the compensation of personnel for time engaged in conducting or undergoing training programs.
* SEC. 302. Any State desiring to participate in the grant program
under this part shall establish a State planning agency as described
in part B of this title and shall within six months after approval of
a planning grant under part B submit to the Administration through

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

201

such State planning agency a comprehensive State plan formulated
pursuant to part B of this title.
SEC. 303. The Administration shall make grants under this title sta°eTi'anr"re^^
to a State planning agency if such agency has on file with the Ad- quirements.'
ministration an approved comprehensive State plan (not more than
one year in age) which conforms with the purposes and requirements
of this title. Each such plan shall—
(1) provide for the administration of such grants by the State
planning agency;
(2) provide that at least 75 per centum of all Federal funds
granted to the State planning agency under this part for any
fiscal year will be available to units of general local government or
combinations of such units for the development and implementation of programs and projects for the improvement of law
enforcement;
(3) adequately take into account the needs and requests of the
units of general local government in the State and encourage local
initiative in the development of programs and projects for
improvements in law enforcement, and provide for an appropriately balanced allocation of funds between the State and the units
of general local government in the State and among such units;
(4) incorporate innovations and advanced techniques and coh-H
"L O f ()4. State planning agencies shall receive applications for
financial assistance from units of general local government and combinations of such units. When a State planning agency determines that
such an application is in accordance with the purposes stated in section
801 and is in conformance with any existing statewide comprehensive
law enforcement plan, the State planning agency is authorized to
disburse funds to the applicant.
SKC. 'M)6. Where a State fails to make aj)plication for a grant to
establish a State planning agency pursuant to part B of this title
within six months after the date of enactment of this Act, or where a
State fails to file a comprehensive plan pursuant to part B within six
months after approval of a planning grant to establish a State planning agency, the Administration may make grants under part B and
part C of this title to units of general local government or combinations of such imits: Provided^ houyever. That any such unit or combination of such units must certify that it has submitted a copy of its
application to the chief executive of the State in which such unit or
combination of such units is located. The chief executive shall be given
not more than sixty days from date of receii)t of the application to
submit to the Administration in writing an evaluation of the project
set forth in the application. Such evaluation shall include comments
on the relationship of the application to other applications then pending, and to existing or proposed plans in the State for the development
of new approaches to and improvements in law enforcement. If an
application is submitted by a combination of units of general local
government which is located in more than one State, such application
must be submitted to the chief executive of each State in which the
combination of such units is located. No grant under this section to a
local unit of general government shall be for an amount in excess of
60 per centum of the cost of the project or program with respect to
which it was made.
SEC. 300. Funds appropriated to make grants under this part for a
fiscal year shall be allocated by the Administration among the States
for use therein by the State planning agency or units of general local
government, as the case may be. Of such funds, 85 per centum shall be
allocated among the States according to their respective populations
and 15 per centum thereof shall be allocated as the Administration
may determine, plus such additional amounts as may be made available by virtue of the application of the provisions of section 509 to the
grant to any State.
SEC. O()7. (a) In making grants under this part, the Administration
and each State planning agency, as the case may be, shall give special
emphasis, where appropriate or feasible, to programs and projects
dealing with the prevention, detection, and control of organized crime
and of riots and other violent civil disorders.
(b) Notwithstanding the provisions of section 303 of this part, until
August 31, 1968, the Administration is authorized to make grants for
programs and projects dealing with the prevention, detection, and

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

203

control of riots and other violent civil disorders on the basis of applications describing in detail the programs, projects, and costs of the
items for which the grants will be used, and the relationship of the
programs and projects to the applicant's general program for the
improAcment of law enforcement.
PART D — T R A I N I N G , EDUCATION, RESEARCH, DEMONSTRATION, AND
SPECIAL GRANTS

SEC. 401. I t is the purpose of this part to provide for and encourage
training, education, research, and development for the purpose of
improving law enforcement and developing new methods for the pre\ ention and reduction of crime, and the detection and apprehension
of criminals.
National InstiSEC. 402. (a) There is established within the Department of Justice tute
of Law Ena National Institute of Law Enforcement and Criminal Justice (here- forcement and
after referred to in this part as "Institute"). The Institute shall be criminal justice
under the general authority of the Administration. I t shall be the pur- Establishment.
pose of the Institute to encourage research and development to improve
and strengthen law enforciement.
Functions.
(b) The Institute is authorized
(1) to make grants to, or enter into contracts with, public AI
a ''' ^'tu
agencies, institutions of higher education, or private organizations
to conduct research, demonstrations, or special projects pertaining
to the purposes described in this title, including the development
of new or improved approaches, techniques, systems, equipment,
and devices to imi)ro\'e and strengthen law enforcement;
i
(2) to make continuing studies and undertake programs of^
research to develop new or improved approaches, techniques, systems, equipment, and de\ices to improve and strengthen law
enforcement, including, but not limited to, the effectiveness of
projects or programs carried out under this title;
(3) to carry out programs of behavioral research designed to
provide more accurate information on the causes of crime and
the effectiveness of various means of preventing crime, and to
evaluate the success of correctional procedures;
(4) to make recommendations for action which can be taken by
Federal, State, and local governments and by private persons
and organizations to improve and strengthen law enforcement;
(5) to carry out programs of instructicmal assistance consisting
of research fellowships for the programs provided under this
section, and special workshops for the presentation and dissemination of information resulting from research, demonstrations, and
special projects authorized by this title.
(6) to carry out a program of collection and dissemination of
information obtained by the Institute or other Federal agencies,
public agencies, institutions of higher education, or private
organizations engaged in projects under this title, including information relating to new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen lawenforcement; and
(7) to establish a research center to carry out the programs
described in this section.
-^
SEC. 403. A grant authorized under this part may be up to 100 Grants, amount.
per centum of the total cost of each project for which such grant is
made. The Administration shall require, whenever* feasible, as a Conditions.
condition of approval of a grant under this part, that the recipient
contribute money, facilities, or services to carry out the purpose for
Avhich the grant is sought.

204
F.B.I, law enforcement training programs.

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

SEC. 404. (a) The Director of the Federal Bureau of Investigation
is authorized to—
(1) establish and conduct training programs at the Federal
Bureau of Investigation National Academy at Quantico, Virginia,
to provide, at the request of a State or unit of local government,
traming for State and local law enforcement personnel;
(2) develop new or improved approaches, techniques, systems,
equipment, and devices to improve and strengthen law enforcement; and
(3) assist in conducting, at the request of a State or unit of
local government, local and regional training programs for the
training of State and local law enforcement personnel. Such
training shall be provided only for persons actually employed as
State police or highway patrol, police of a unit of local government, sheriffs and their deputies, and such other persons as the
State or unit may nominate for police training while such persons are actually employed as officers of such State or unit.
(b) I n the exercise of the functions, powers, and duties established
under this section the Director of the Federal Bureau of Investigation shall be under the general authority of the Attorney General.
Repeal.
" ^ E C . 405. (a) Subject to the provisions of this section, the Law
18 u s e prec.
Enforcement Assistance Act of 1965 (79 Stat. 828) is repealed:
3001 note.
Provided^ That—
Continuation of|
(1) The Administration, or the xlttorney General until such
projects.
time as the members of the Administration are appointed, is
authorized to obligate funds for the continuation of projects
approved under the Law Enforcement Assistance Act of 1965
prior to the date of enactment of this Act to the extent that such
approval provided for continuation.
(2) Any funds obligated under subsection (1) of this section and
all activities necessary or appropriate for the review under subsection (3) of this section may be carried out with funds previously appropriated and funds appropriated pursuant to this title.
—.
(3) Immediately upon establishment of the Administration,
it shall be its duty to study, review, and evaluate projects and
programs funded under the Law Enforcement Assistance Act
of 1965. Continuation of projects and programs under subsections
(1) and (2) of this section shall be in the discretion of the
Administration.
Academic eduSEC. 406. (a) Pursuant to the provisions of subsections (b) and (c)
cational assistof this section, the Administration is authorized, after appropriate
consultation with the Commissioner of Education, to carry out programs of academic educational assistance to improve and strengthen
law enforcement.
Loans.
(b) The Administration is authorized to enter into contracts to
make, and make, payments to institutions of higher education for
loans, not exceeding $1,800 per academic year to any person, to persons
enrolled on a full-time basis in undergraduate or graduate programs
approved by the Administration and leading to degrees or certificates
in areas directly related to law enforcement or preparing for employment in law enforcement, with special consideration to police or correctional personnel of States or units of general local government on
academic leave to earn such degrees or certificates. Loans to persons
assisted under this subsection shall be made on such terms and conditions as the Administration and the institution offering such programs
may determine, except that the total amount of any such loan, plus
interest, shall be canceled for service as a full-time officer or employee
of a law enforcement agency at the rate of 25 per centum of the total

82 STAT. ]

PUBLIC LAW 90-351-.IUNE 19, 1968

205

amount of such loans plus interest for each complete year of such
service or its equivalent of such service, as determnied under regulations of the Administration.
Tuition and
(c) The Administration is authorized to enter into contracts to fees.
make, and make, payments to institutions of higher education for tuition and fees, not exceeding $200 per academic quarter or $300 per
semester for any person, for officers of any publicly funded law enforcement agency enrolled on a full-time or part-time basis in courses
included in an undergraduate or graduate program which is approved
by the Administrati(m and which leads to a degree or certificate in an
area related to law enforcement or an area suitable for persons employed in law enforcement. Assistance under this subsection may be ^^^^^^^^^ agreegranted only on behalf of an applicant who enters into an agreement
to remain in the service of the law enforcement agency employing such
applicant for a period of two years following completion of any course
for which payments are provided under this subsection, and in the
event such service is not completed, to repay the full amount of such
payments on such terms and in such manner as the Administration
may prescribe.
PART E—ADMINISTRATIVE PROVISIONS

SEC. 501, The Administration is authorized, after appropriate consultation with representatives of States and units of general local
government, to establish such rules, regulations, and procedures as
are necessary to the exercise of its functions, and are consistent with
the stated purpose of this title.
SEC. 502. The Administration may delegate to any officer or official
of the Administration, or, with the approval of the Attorney General,
to any officer of the Department of Justice such functions as it deems
appropriate.
SEC. 508. The functions, powers, and duties specified in this title to
be carried out by the Administration shall not be transferred elsewhere in the Department of Justice unless specifically hereafter
authorized by the Congress.
SEC. 504. In carrying out its functions, the Administration, or upon ^^^"^P^"^ power,
authorization of the Administration, any member thereof or any
hearing examiner assigned to or employed by the Administration, shall
have the power to hold hearings, sign and issue subpenas administer
oaths, examine witnesses, and receive evidence at any place in the
United States it may designate.
—^
SEC. 505. Section 5315 of title 5, United States Code, is amended by jj^s^at. 46i.
adding at the end thereof—
f^Z
—*
" (90) Administrator of Law Enforcement Assistance."'
^ ^
^^^/L)
SEC. 506. Section 5316 of title 5, Ignited States Code, is amen^^ed
^ ^
by adding at the end thereof—
"(126) Associate Administrator of Law Enforcement
Assistance."
~-SEC. 507. Subject to the civil service and classification laws, the ^ °"^''*'"^ ^"'^
Administration is authorized to select, appoint, employ, and fix com- ""^^ °yees.
pensation of such officers and employees, including hearing examiners,
as shall be necessary to carry out its powers and duties under this title.
SEC. 508. The Administration is authorized, on a reimbursable
basis when appropriate, to use the available services, equipment, per- f- 4 {} ^
sonnel, and facilities of the Department of Justice and of other '
civilian or military agencies and instrumentalities of the Federal
Government, and to cooperate with the Department of Justice and
such other agencies and instrumentalities in the establishment and j

206

Noncompliance,
withholding of
payments-

d.(?^

Notice and
hearing.

R e q u e s t for
rehearing.

Review action.

72 Stat. 9 4 1 ;
80 Stat. 1323.

PUBLIC LAW 90-351-JUNE 19, 1968

[82

STAT.

use of services, equipment, personnel, and facilities of the Administration. The Administration is further authorized to confer with and
avail itself of the cooperation, services, records, and facilities of
State, municipal, or other local agencies.
' ^ E c . 509. Whenever the Administration, after reasonable notice
and opportunity for hearing to an applicant or a grantee under this
title, finds that, with respect to any payments made or to be made under
this title, there is a substantial failure to comply with—
(a) the provisions of this title;
(b) regulations promulgated by the Administration under this
title; or
(c) a plan or application submitted in accordance with the provisions of this title;
the Administration shall notify such applicant or grantee that further
payments shall not be made (or in its discretion that further payments
shall not be made for activities in which there is such failure), until
^there is no longer such failure.
SEC. 510. (a) I n carrying out the functions vested by this title in
the Administration, the determination, findings, and conclusions of
the Administration shall be final and conclusive upon all applicants,
except as hereafter provided.
(b) If the application has been rejected or an applicant has been
denied a grant or has had a grant, or any portion of a grant, discontinued, or has been given a grant in a lesser amount than such applicant
believes appropriate under the provisions of this title, the Administration shall notify the applicant or grantee of its action and set forth
the reason for the action taken. Whenever an applicant or grantee
requests a hearing on action taken by the Administration on an application or a grant the Administration, or any authorized officer
thereof, is authorized and directed to hold such hearings or investigations at such times and places as the Administration deems necessary,
following a])propriate and adequate notice to such applicant; and the
findings of fact and determinations made by the Administration w i t h
respect thereto shall be final and conclusive, except as otherwise provided herein.
(c) If such applicant is still dissatisfied with the findings and
determinations of the Administration, following the notice and hearing provided for in subsection (b) of this section, a request may be
made for rehearing, under such regulations and procedures as the
Administration may establish, and such applicant shall be afforded
an opportunity to present such additional information as ma;^ be
deemed appropriate and pertinent to the matter involved. The findings
and determinations of the Administration, following such rehearing,
shall be final and conclusive upon all parties concerned, except as
hereafter provided.
SEC. 511. (a) I f any applicant or grantee is dissatisfied with the
Administration's final action with respect to the approval of its application or plan submitted under this title, or any applicant or grantee
is dissatisfied with the Administration's final action under section 509
or section 510, such applicant or grantee may, within sixty days after
notice of such action, file with the United States court of appeals for
the circuit in which such applicant or grantee is located a petition for
review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administration. The Administration shall thereupon file in the court the record of the proceedings
on which the action of the Administration was based, as provided in
section 2112 of title 28, United States Code.

82 STAT. ]

207

PUBLIC LAW 90-351-JUNE 19, 1968

(b) The determinations and the findings of fact by the Administration, if supported by substantial evidence, shall be conclusive; but
the court, for good cause shown, may remand the case to the Administration to take further evidence. The Administration may thereupon
make new or modified findings of fact and may modify its previous
action, and shall file in the court the record of the further proceedings.
Such new or modified findings of fact or determinations shall likewise
be conclusive if supported by substantial evidence.
(c) Upon the filing of such petition, the court shall have jurisdiction
to affirm the action of the Administration or to set it aside, in whole or
in part. The judgment of the court shall be subject to review by the
Supreme Court of the United States upon certiorari or certification as
62 Stat. 928.
provided in section 125-1 of title 28, United States Code.
Duration
SEC. 512. Unless otherwise specified in this title, the Administration programs. of
shall carry out the programs provided for in this title during the fiscal
year ending June 80,1968, and the five succeeding fiscal years.
SEC. 513. To insure that all Federal assistance to State and local from^o\he'r Fed^erai
programs under this title is carried out in a coordinated manner, the departments.
Administration is authorized to request any Federal department or
agency to supply such statistics, data, program reports, and other
material as the xVdministration deems necessary to carry out its functions under this title. Each such department or agency is authorized
to cooperate with the Administration and, to the extent i>ermitted by
law, to furnish such materials to the Administration. Any Federal
department or agency engaged in administering programs related to
this title shall, to the maximum extent practicable, consult with and
seek advice from the Administration to insure fully coordinated efforts,
and the Administration shall undertake to coordinate such efforts.
SEC. 514. The Administration may arrange with and reimburse the
heads of other Federal departments and agencies for the performance
of any of its functions under this title.
^_.
SEC. 515. The Administration is authorized—
(a) to conduct evaluation studies of the programs and activities assisted under this title;
(b) to collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of law enforcement in the several States; and
(c) to cooperate with and render technical assistance to States^, ^
units of general local government, combinations of such States or
units, or other public or private agencies, organizations, or institutions in matters relating to law enforcement.
.,. .
SEC. 516. (a) Payments under this title may be made in installments, |
and in advance or by way of reimbursement, as may be determined f-"" ^0 i
by the Administration.
/
Jestriction.
(b) Not more than 12 per centum of the sums appropriated for any~^ ^«
fiscal year to carry out the provisions of this title may be used within
^10
any one State except that this limitation shall not apply to grants
/s-*/
made pursuant to part D.
~—^
SEC. 517. The Administration is authorized to appoint such technical I Advisory com,.
.
1 • ^ i T • •
•
•!
(mittees, appointor other advisory committees to advise the Administration with respect /mem and compento the administration of this title as it deems necessary. Members of '
such committees not otherwise in the employ of the Ignited States,
ment Act of 1966 is amended by inserting "law
enforcement facilities," immediately after "transportation facilities,".

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968
PART F — D E F I N I T I O N S

SEC. 601. As used in this title—
(a) "Law enforcement-" means all activities pertaining to crime
prevention or reduction and enforcement of the criminal law.
(b) "Organized crime" means the unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including but not limited to gambling,
prostitution, loan sharking, narcotics, labor racketeering, and other
unlawful activities of members of such organizations.
(c) "State" means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the Ignited States.
(d) "L^nit of general local government" means any city, county,
township, town, borough, parish, village, or other general purpose
)olitical subdivision of a State, or an Indian tribe which performs
aw enforcement functions as determined by the Secretary of the
Interior.
(e) "Combination" as applied to States or units of general local
government means any grouping or joining together of such States
or units for the purpose of preparing, developing, or implementing a
law enforcement plan.
(f) "Construction" means the erection, acquisition, expansion, or
repair (but not including minor remodeling or minor repairs) of new
or existing buildings or other physical facilities, and the acquisition or
installation of initial equipment therefor.
(g) "State organized crime prevention council" means a council
composed of not more than seven persons established pursuant to State
law or established by the chief executive of the State for the purpose
of this title, or an existing agency so designated, which council shall
be broadly representative of law enforcement officials within such
State and whose members by virtue of their training or experience
shall be knowledgeable in the prevention and control of organized
crime.
(h) "Metropolitan area" means a standard metropolitan statistical
area as established by the Bureau of the Budget, subject, however, to
such modifications and extensions as the Administration may determine
to be appropriate.
(i) "Public agency" means any State, unit of local government,
combination of such States or units, or any department, agency, or
instrumentality of any of the foregoing.
(j) "Institution of higher education" means any such institution as
defined by section 801(a) of the Higher Education Act of 1965 (79
Stat. 1269; 20 LT.S.C. 1141 ( a ) ) , subject, however, to such modifications
and extensions as the Administration may determine to be appropriate.
(k) "Community service officer" means any citizen with the capacity, motivation, integrity, and stability to assist in or perform police
work but who may not meet ordinary standards for employment as a
regular police officer selected from the immediate locality oi the police
department of which he is to be a part, and meeting such other qualifications promulgated in regulations pursuant to section 501 as the
administration may determine to be appropriate to further the purposes of section 301(b) (7) and this Act.

f

209

210

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

po.t.p. 638.

TITLE II—ADMISSIBILITY OF CONFESSIONS, REVIEWABILITY OF ADMISSION IN EVIDENCE OF CONFESS I O N S IN S T A T E C A S E S , A D M I S S I B I L I T Y I N E V I D E N C E
OF E Y E WITNESS TESTIMONY, AND PROCEDURES IN
OBTAINING WRITS OF HABEAS CORPUS

62 Stat. 8 3 3 ;
71 Stat. 595.

SEC. 701. (a) Chapter 223, title 18, United States Code (relating
to witnesses and evidence), is amended by adding at the end thereof
the following new sections:
"§3501. Admissibility of confessions
" ( a ) I n any criminal prosecution brought by the United States or
by the District of Columbia, a confession, as defined in subsection (e)
hereof, shall be admissible in evidence if it is voluntarily given. Before
such confession is received in evidence, the trial judge shall, out of
the presence of the jury, determine any issue as to voluntariness. If the
trial judge determines that the confession was voluntarily made it
shall be admitted in evidence and the trial judge shall permit the jury
to hear relevant evidence on the issue of voluntariness and shall instruct
the jury to give such weight to the confession as the jury feels it
deserves under all the circumstances.
"(b) The trial judge in determining the issue of voluntariness shall
take into consideration all the circumstances surrounding the giving
of the confession, including (1) the time elapsing between arrest and
arraignment of the defendant making the confession, if it was made
after arrest and before arraignment, (2) whether such defendant
knew the nature of this offense with which he was charged or of which
he was suspected at the time of making the confession, (3) whether
or not such defendant was advised or knew that he was not required
to make any statement and that any such statement could he used
against him, (4) whether or not such defendant had been advised
prior to questioning of his right to the assistance of counsel; and (5)
whether or not such defendant was without the assistance of counsel
when questioned and when giving such confession.
"The presence or absence of any of the above-mentioned factors to
be taken into consideration by the judge need not be conclusive on the
issue of voluntariness of the confession.
"(c) In any criminal prosecution by the United States or by the
District of Columbia, a confession made or given by a person who is
a defendant therein, while such person was under arrest or other
detention in the custody of any law-enforcement officer or law-enforcement agency, shall not be inadmissible solely because of delay in bringing such person before a commissioner or other officer empowered to
commit persons charged with offenses against the laws of the United
States or of the District of Columbia if such confession is found by
the trial judge to have been made voluntarily and if the weight to be
given the confession is left to the jury and if such confession was made
or given by such person within six hours immediately following his
arrest or other detention: Provided, That the time limitation contained in this subsection shall not apply in any case in which the delay
in bringing such person before such commissioner or other officer
beyond such six-hour period is found by the trial judge to be reasonable considering the means of transportation and the distance to be
traveled to the nearest available such commissioner or other officer.
" ( d ) Nothing contained in this section shall bar the admission in
evidence of any confession made or given voluntarily by any person
to any other person without interrogation by anyone, or at any time at
which the person who made or gave such confession was not under
arrest or other detention.

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

"(e) As used in this section, llie term 'confession' means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.
"§3502. Admissibility in evidence of eye witness testimony
"The testimony of a witness that he saw the accused commit or
participate in the commission of the crime for which the accused is
being tried shall be admissible in evidence in a criminal prosecution
in any trial court ordained and established under article I I I of the
Constitution of the Lnited States."
(b) The section analysis of that chapter is amended by adding at
the end thereof the following new items:
"3.">01. Admissibility of confessions.
'"3502. Admissibility in evidence of eye witness testimony."

TITLP: III—WIRP:TAPPING AND ELECTRONIC
SURVEILLANCE
FINDINGS

SEC. 801. On the basis of its own investigations and of published
studies, the Congress makes the following findings:
(a) Wire communications are normally conducted through the use
of facilities which form part of an interstate network. The same facilities are used for interstate and intrastate communications. There
has been extensive wiretapping carried on without legal sanctions, and
without the consent of any of the parties to the conversation. Electronic, mechanical, and other intercepting devices are being used to
overhear oral conversations made in private, without the consent of
any of the parties to such communications. The contents of these
communications and evidence derived therefrom are bein^ used by
public and private parties as evidence in court and administrative
proceedings, and by persons whose activities affect interstate commerce. The possession, manufacture, distribution, advertising, and
use of these devices are facilitated by interstate commerce.
(b) In order to protect effectively the privacy of wire and oral
communications, to protect the integrity of court and administrative
proceedings, and to prevent the obstruction of interstate commerce, it
is necessary for Congress to define on a uniform basis the circumstances
and conditions under which the interception of wire and oral communications may be authorized, to prohibit any unauthorized interception of such communications, and the use of the contents thereof m
evidence in courts and administrative proceedings.
(c) Organized criminals make extensive use of wire and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to
prevent their commission is an indispensable aid to law enforcement
and the administration of justice.
(d) To safeguard the j^rivacy of innocent persons, the interception
of wire or oral communications where none of the parties to the
communication has consented to the interception should be allowed
only when authorized by a court of competent jurisdiction and should
remain under the control and supervision of the authorizing court.
Interception of wire and oral communications should further be
limited to certain major types of offenses and specific categories of

211
"confession."

212

62 Stat. 684.

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

crime with assiiraiiees that the interception is justified and that the
information obtained thereby will not be misused.
SKC. 802. Part I of title 18, United States Code, is amended by
adding at the end the following new chapter:
"Chapter 119. WIRE INTERCEPTION AND INTERCEPTION
OF ORAL COMMUNICATIONS
"Sec.
••2r)10. Definitions.
"2.'>11. Interception and disclosure of wire or oral conimunications prohibited.
'•2r»12. Manufacture, distribution, possession, and advertising of wire or oral
communication intercepting devices prohibited.
"2">13. Conflscati(m of wire or oral communication intercepting devices.
'•2i>14. Immunity of witnesses.
••2r>ir). Prohibition of use as evidence of intercepted wire or oral communications.
"2516. Authorization for interception of wire or oral conununications.
••2.")17. Authorization for disclosure and use of intercepted wire or oral communications.
"2518. Pr(K'edure for interception of wire or oral communications.
"2519. ReiM)rts concerning intercepted wire or oral communications.
"2520. Recovery of civil damages authorized.

"§2510. Definitions
"As used in this chapter—
"(1) 'wire communication' means any communication made in
whole or in part through the use of facilities for the transmission
of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in
providing or operating such facilities for the transmission of
interstate or foreign communications;
"(2) 'oral communication' means any oral communication
uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying
such expectation;
"(3) 'State' means any State of the United States, the District
of Columbia, the (Commonwealth of Puerto Rico, and any territory
or possession of the United States;
"(4) 'intercept' means the aural acquisition of the contents of
any wire or oral communication through the use of any electronic,
mechanical, or other device.
"(5) 'electronic, mechanical, or other device' means any device
or apparatus which can be used to intercept a wire or oral communication other than—
" ( a ) any telephone or telegraph instrument, equipment or
facility, or any component thereof, (i) furnished to the subscriber or user by a communications common carrier in the
ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or (ii)
being used by a communications common carrier in the ordinary course of its business, or by an investigative or lawenforcement officer in the ordinary course of his duties;
"(b) a hearing aid or similar device being used to correct
subnormal hearing to not better than normal;
"(6) 'person' means any employee, or agent of the Ignited
States or any State or political subdivision thereof, and any
individual, partnership, association, joint stock company, trust,
or corporation;
"(7) 'Investigative or law enforcement officer' means any officer
of the United States or of a State or political subdivision thereof,
who is empowered by law to conduct investigations of or to make
arrests for ott'enses enumerated in this chapter, and any attorney

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

213

authorized by law to prosecute or participate in the prosecution
of such offenses;
"(8) 'contents', when used with respect to any wire or oral
communication, includes any information concerning the identity
of the parties to such communication or the existence, substance,
purport, or meaning of that communication;
"(9) 'Judge of competent jurisdiction' means—
" ( a ) a judge of a United States district court or a United
States court of appeals; and
" ( b ) a judge of any court of general criminal jurisdiction
of a State who is authorized by a statute of that State to
enter orders authorizing interceptions of wire or oral
communications;
"(10) 'communication common carrier' shall have the same
meaning which is given the term 'common carrier' by section
48 Stat. 1066.
153(h) of title 47 of the United States Code; and
"(11) 'aggrieved person' means a person who was a partjr to
any intercepted wire or oral communication or a person against
whom the interception was directed.
"§ 2511. Interception and disclosure of wire or oral communications prohibited
"(1) Except as otherwise specifically provided in this chapter any
person who—
" ( a ) willfully intercepts, endeavors to intercept, or procures
any other person to intercept or endeavor to intercept, any wire or
oral communication;
" (b) willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other
device to intercept any oral communication when—
" ( i ) such device is affixed to, or otherwise transmits a
s i ^ a l through, a wire, cable, or other like connection used in
wire communication; or
"(ii) such device transmits communications by radio, or
interferes with the transmission of such communication; or
"(iii) such person knows, or has reason to know, that such
device or any component thereof has been sent through the
mail or transported in interstate or foreign commerce; or
^'.'^' _ '
"(iv) such use or endeavor to use (A) takes place on the
'•
premises of any business or other commercial establishment
' '' the operations of which affect interstate or foreign commerce;
or (B) obtains or is for the purpose of obtaining information
relating to the operations of any business or other commercial
^"^ establishment the operations of which affect interstate or
foreign commerce; or
" ( v ) such person acts in the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession
of the United States;"
"(c) willfully discloses, or endeavors to disclose, to any other
person the contents of any wire or oral communication, knowing
or having reason to know that the information was obtained
through the interception of a wire or oral communication in
violation of this subsection; or
" ( d ) willfully uses, or endeavors to use, the contents of any
wire or oral communication, knowing or having reason to know
that the information was obtained through the interception of a
wire or oral communication in violation of this subsection;
shall be fined not more than $10,000 or imprisoned not more than five ^^^^ity
years, or both.

214

PUBLIC LAW 90-351-JUNE 19, 1968

48 Stat. 1064.

Post,

p. 223.

[82 STAT.

" (2) (a) I t shall not be unlawful under this chapter for an operator
of a switchboard, or an officer, employee, or agent of any communication common carrier, whose facilities are used in the transmission of
a wire communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any
activity which is a necessary incident to the rendition of his service or
to the protection of the rights or property of the carrier of such
communication: Provided^ That said communication common carriers
shall not utilize service observing or random monitoring except for
mechanical or service quality control checks.
" ( b ) I t shall not be unlawful under this chapter for an officer,
emploj'ee, or agent of the Federal Communications Commission, in
the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of
chapter 5 of title 47 of the United States Code, to intercept a wire
communication, or oral communication transmitted by radio, or to
disclose or use the information thereby obtained.
"(c) I t shall not be unlawful under this chapter for a person acting
under color of law to intercept a wire or oral communication, where
such person is a party to the communication or one of the parties to
the communication has given prior consent to such interception.
" ( d ) I t shall not be unlawful under this chapter for a person not
acting under color of law to intercept a wire or oral communication
where such person is a party to the communication or where one of
the parties to the communication has given prior consent to such
interception unless such communication is intercepted for the purpose
of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State or for the
purpose of committing any other injurious act.
" (3) Nothing contained in this chapter or in section 605 of the Communications Act of 1934 (48 Stat. 1143; 47 U.S.C. 605) shall limit the
constitutional power of the President to take such measures as he deems
necessary to protect the Nation against actual or potential attack or
other hostile acts of a foreign power, to obtain foreign intelligence
information deemed essential to the security of the United States, or
to protect national security information against foreign intelligence
activities. Nor shall anything contained in this chapter be deemed to
limit the constitutional power of the President to take such measures
as he deems necessary to protect the United States against the overthrow of the Government by force or other unlawful means, or against
any other clear and present danger to the structure or existence of the
Government. The contents of any wire or oral communication intercepted by authority of the President in the exercise of the foregoing
powers may be received in evidence in any trial hearing, or other proceeding only where such interception was reasonable, and shall not be
otherwise used or disclosed except as is necessary to implement that
power.
"§2512. Manufacture, distribution, possession, and advertising
of wire or oral communication intercepting devices
prohibited
" (1) Except as otherwise specifically provided in this chapter, any
person who willfully—
" ( a ) sends through the mail, or sends or carries in interstate
or foreign commerce, any electronic, mechanical, or other device,
knowing or having reason to know that the design of such device
renders it primarily useful for the purpose of the surreptitious
interception of wire or oral communications;

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

" ( b ) manufactures, assembles, possesses, or sells any electronic,
mechanical, or other device, knowing or having reason to know
that the design of such device renders it primarily useful for the
purpose of the surreptitious interception of w4re or oral communications, and that such device or any component thereof has
been or will be sent through the mail or transported in interstate
or foreign commerce; or
"(c) places in any newspaper, magazine, handbill, or other
publication any advertisement of—
" (i) any electronic, mechanical, or other device knowing or
having reason to know that the design of such device renders
it primarily useful for the purpose of the surreptitious interception of wire or oral communications; or
"(ii) any other electronic, mechanical, or other device,
where such advertisement promotes the use of such device
for the purpose of the surreptitious interception of wire or
oral communications,
knowing or having reason to know that such advertisement will
be sent through the mail or transported in interstate or foreign
commerce,
shall be fined not more than $10,000 or imprisoned not more than five Penalty.
years, or both.
"(2) It shall not be unlawful under this section for—
" ( a ) a communications common carrier or an officer, agent,
or employee of, or a person under contract with, a communications common carrier, in the normal course of the communications
common carrier's business, or
" ( b ) an officer, agent, or employee of, or a person under contract
with, the L^nited States, a State, or a political subdivision thereof,
in the normal course of the activities of the United States, a State,
or a political subdivision thereof, to send through the mail, send
or carry in interstate or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device
knowing or having reason to know that the design of such device
renders it primarily useful for the purpose of the surreptitious
interception of wire or oral communications.
"§ 2513. Confiscation of wire or oral communication intercepting
devices
"Any electronic, mechanical, or other device used, sent, carried,
manufactured, assembled, possessed, sold, or advertised in violation
of section 2511 or section 2512 of this chapter may be seized and
forfeited to the United States. All provisions of law relating to (1)
the seizure, summary and judicial forfeiture, and condemnation of
vessels, vehicles, merchandise, and baggage for violations of the customs laws contained in title 19 of the United States Code, (2) the
disposition of such vessels, vehicles, merchandise, and baggage or the
})roceeds from the sale thereof, (3) the remission or mitigation of such
forfeiture, (4) the compromise of claims, and (5) the award of compensation to informers in respect of such forfeitures, shall apply to
seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as
are imposed upon the collector of customs or any other person with
respect to the seizure and forfeiture of vessels, vehicles, merchandise,
and baggage under the provisions of the customs laws contained in title
19 of the IJnited States Code shall be performed with respect to seizure
and forfeiture of electronic, mechanical, or other intercepting devices

96-600 O - 69 - 17

215

216

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

under this section by sucli officers, agents, or otlier persons as may be
authorized or designated for that purpose by the Attorney General.
"§ 2514. Immunity of witnesses
"Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other
evidence by any witness, in any ca,se or proceeding before any grand
jury or court of the United States involving any violation of this
chapter or any of the offenses enumerated in section 2516, or any
conspiracy to violate this chapter or any of the offenses enumerated
in section 2516 is necessary to the public interest, .such United States
attorney, upon the approval of the Attorney General, shall make
application to the court that the witness shall be instructed to testify
or produce evidence subject to the provisions of this section, and upon
order of the court .such witness shall not be excused from testifying
or from producing books, papers, or other evidence on the ground that
the testimony or evidence required of him may tend to incriminate
him or subject him to a penalty or forfeiture. No such witness shall be
prosecuted or subjected to any penalty or forfeiture for or on account
of any transaction, matter or thing concerning which he is compelled,
after having claimed his privilege against self-incrimination, to
testify or produce evidence, nor shall testimony so compelled be used
as evidence in any criminal proceeding (except in a proceeding
described in the next sentence) against him in any court. No witness
shall be exempt under this section from pro,secution for perjury or
contempt committed while giving testimony or producing evidence
under compulsion as provided in this section.
"§ 2515. Prohibition of use as evidence of intercepted wire or oral
communications
"Whenever any wire or oral communication has been intercepted,
no part of the contents of such communication and no evidence
derived therefrom may be received in evidence in any trial, hearing,
or other proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or a political subdivision
thereof if the disclosure of that information would be in violation
of this chapter.
"§ 2516. Authorization for interception of wire or oral communications
"(1) The Attorney General, or any Assistant Attorney General
specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such
judge may grant in conformity with section 2518 of this chapter an
order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation, or a Federal
agency having responsibility for the investigation of the offense as to
which the application is made, Avhen such interception may provide
or has provided evidence of—
" ( a ) any offense punishable by death or by imprisonment for
more than one year under sections 2274 through 2277 of title 42
of the United States Code (relating to the enforcement of the
68 Stat. 958.
Atomic Energy Act of 1954), or under the following chapters of
68^813^^2^16^'
^^^^ title: chapter 37 (relating to espionage), chapter 105 (relat62 Stat! 807;'
ing to Sabotage), chapter 115 (relating to treason), or chapter 102
Ante, p. 75.
(relating to riots) ;
"(b) a violation of section 186 or section 501(c) of title 29,
73^stat°535^^537
United States Code (dealing with restrictions on payments and
loans to labor organizations), or any offense which involves mur-

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

der, kidnapping, robbery, or extortion, and whicli is punishable
under this title;
"(c) any offense which is punisliable under the following sections of this title: section 201 (bribery of public officials and
witnesses), section 224 (bribery in sporting contests), section 1084
(transmission of wagering information), section 1503 (influencing or injuring an officer, juror, or witness generally), section
1510 (obstruction of criminal investigations), section 1751 (Presidential assassinations, kidnapping, and assault), section 1951
(interference with commerce by threats or violence), section 1952
(interstate and foreign travel or transportation in aid of racketeering enterprises), section 1954 (offer, acceptance, or solicitation
to influence operations of employee benefit plan), section 659
(theft from interstate shipment), section 664 (embezzlement fi-om
pension and welfare funds), or sections 2314 and 2315 (interstate
transportation of stolen property);
" ( d ) any offense involving counterfeiting punishable under
section 471, 472, or 473 of this title;
"(e) any offense involving bankruptcy fraud or the manufacture, importation, receiving, concealment, buying, selling, or
otherwise dealing in narcotic drugs, marihuana, or other dangerous drugs, punishable under any law of the United States;
"(f) any offense including extortionate credit transactions
under sections 892, 893, or 894 of this title; or
" (g) any conspiracy to commit any of the foregoing offenses.
"(2) The principal prosecuting attorney of any State, or the principal prosecuting attorney of any political subdivision thereof, if such
attorney is authorized by a statute of that State to make application
to a State court judge of competent jurisdiction for an order authorizing or approving the interception of wire or oral communications, may
apply to such judge for, and such judge may grant in conformity with
section 2518 of this chapter and with the applicable State statute an
order authorizing, or approving the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application
is made, when such interception may provide or has provided evidence
of the commission of the offense of murder, kidnapping, gambling,
robbery, bribery, extortion, or dealing in narcotic drugs, marihuana
or other dangerous drugs, or other crime dangerous to life, limb, or
property, and punishable by imprisonment for more than one year,
designated in any applicable State statute authorizing such interception, or any conspiracy to commit any of the foregoing offenses.
"§ 2517. Authorization for disclosure and use of intercepted wire
or oral communications
'• (1) Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the contents of
any wire or oral communication, or evidence derived therefrom, may
disclose such contents to another investigative or law enforcement
officer to the extent that such disclosure is appropriate to the proper
])erformance of the official duties of the officer making or receiving the
disclosure.
" (2) Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the contents
of any wire or oral communication or evidence derived therefrom may
use such contents to the extent such use is appropriate to the proper
performance of his official duties.
"(3) Any person who has received, by any means authorized by
this chapter, any information concerning a wire or oral communica-

217

^6 stat. 1119;
52 stat. 769I
si stat. 362;
52 stat. 793;
75 stat. 498;
H HH' 729;
76 stat. 41;
^^ ^*°*- ^''^•

62 stat. 705

^"te. p. 159.

218

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

tion, or evidence derived therefrom intercepted in accordance with
the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under
oath or affirmation in any criminal proceeding in any court of the
L^nited States or of any State or in any Federal or State grand jury
proceeding.
"(4) No otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of this
chapter shall lose its privileged character.
"(5) When an investigative or law enforcement officer, while engaged in intercepting wire or oral communications in the manner
authorized herein, intercepts wire or oral conmiunications relating to
offenses other than those specified in the order of authorization or
approval, the contents thereof, and evidence derived therefrom, may
be disclosed or used as provided in subsections (1) and (2) of this
section. Such contents and any evidence derived therefrom may be
used under subsection (8) of this section when authorized or approved
by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in
accordance Avith the provisions of this chapter. Such application shall
be made as soon as practicable.
"§2518. Procedure for interception of wire or oral communications
"(1) Each application for an order authorizing or approving the
interception of a wire or oral communication shall be made in writing
upon oath or affirmation to a judge of competent jurisdiction and shall
state the applicant's authority to make such application. Each application shall include the following information:
" ( a ) the identity of the investigative or law enforcement officer making the application, and the officer authorizing the
application;
''(b) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an
order should be issued, including (i) details as to the particular
oifense that has been, is being, or is about to be committed, (ii) a
particular description of the nature and location of the facilities
from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications
sought to be intercepted, (iv) the identity of the person, if
known, committing the offense and whose communications are to
be intercepted;
"(c) a full and complete statement as to whether or not other
investigative procedures have been tried and failed or w^hy they
reasonably appear to be unlikely to succeed if tried or to be too
dangerous;
" ( d ) a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not
automatically terminate when the described type of communication has been first obtained, a particular description of facts
establishing probable cause to believe that additional communications of the same type will occur thereafter;
"(e) a full and complete statement of the facts concerning all
previous applications known to the individual authorizing and
making the application, made to any judge for authorization to
intercept, or for approval of interceptions of, wire or oral communications involving any of the same persons, facilities or

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

places specified in the application, and the action taken by the
judge on each such application; and
"(f) where the application is for the extension of an order, a
statement setting forth the results thus far obtained from the
interception, or a reasonable explanation of the failure to obtain
such results.
"(2) The judge may require the applicant to furnish additional
testimony or documentary evidence in support of the application.
"(3) Upon such application the judge may enter an ex parte order,
as requested or as modified, authorizing or approving interception of
wire or oral communications within the territorial jurisdiction of the
court in which the judge is sitting, if the judge determines on the basis
of the facts submitted by the applicant that—
" ( a ) there is probable cause for belief that an individual is
committing, has committed, or is about to commit a particular
offense enumerated in section 2516 of this chapter;
"(b) there is probable cause for belief that particular communications concerning that offense will be obtained through such
interception;
"(c) normal investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
to be too dangerous;
" ( d ) there is probable cause for belief that the facilities from
which, or the place where, the wire or oral communications are
to be intercepted are being used, or are about to be used, in
connection wnth the commission of such offense, or are leased to,
listed in the name of, or commonly used by such person.
"(4) Each order authorizing or approving the interception of any
wire or oral communication shall specify—
" ( a ) the identity of the person, if known, whose communications are to be intercepted;
" ( b ) the nature and location of the communications facilities
as to which, or the place where, authority to intercept is granted;
"(c) a particular description of the type of communication
sought to be intercepted, and a statement of the particular offense
to which it relates;
" ( d ) the identity of the agency authorized to intercept the
communications, and of the person authorizing the application;
and
"(e) the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
"(5) No order entered under this section may authorize or approve
the interception of any wire or oral communication for any period
longer than is necessary to achieve the objective of the authorization,
nor in any event longer than thirty days. Extensions of an order may
be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension
shall be no longer than the authorizing judge deems necessary to
achieve the purposes for which it was granted and in no event for
longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed
as soon as practicable, shall be conducted in such a way as to minimize
the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the
authorized objective, or in any event in thirty days.

219

220

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

"(6) Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made t€ the
judge who issued the order showing what progress has been made
toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as
the judge may require.
"(7) Notwithstanding any other provision of this chapter, any
investigative or law enforcement officer, specially designated by the
Attorney General or by the principal prosecuting attorney of any
State or subdivision thereof acting pursuant to a statute of that State,
Avho reasonably determines that—
" ( a ) an emergency situation exists with respect to conspiratorial activities threatening the national security interest or to
conspiratorial activities characteristic of organized crime that
requires a wire or oral communication to be intercepted before an
order authorizing such interception can with due diligence be
obtained, and
"(b) there are grounds upon which an order could be entered
under this chapter to authorize such interception,
may intercept such wire or oral communication if an application for
an order approving the interception is made in accordance with this
section within forty-eight hours after the interception has occurred,
or begins to occur. In the absence of an order, such interception shall
immediately terminate when the communication sought is obtained
or when the application for the order is denied, whichever is earlier.
In the event such application for approval is denied, or in any other
case where the interception is termmated without an order having
been issued, the contents of any wire or oral communication intercepted shall be treated as having been obtained in violation of this
chapter, and an inventory shall be served as provided for in subsection
(d) of this section on the person named in the application.
" (8) (a) The contents of anv wire or oral communication intercepted
by any means authorized by this chapter shall, if possible, be recorded
on tape or wire or other comparable device. The recording of the
contents of any wire or oral communication under this subsection shall
be done in such way as will protect the recording from editing or
other alterations. Immediately upon the 6xi)iration of the period of
the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions.
Custody of the recordings shall be wherever the judge orders. They
shall not be destroyed except upon an order of the issuing or denying
judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of
subsections (1) and (2) of section 2517 of this chapter for investigations. The presence of the seal provided for by this subsection, or a
satisfactory exi)lanation for the absence thereof, shall be a prerequisite
for the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom under subsection (8) of section 2517.
"(b) Applications made and orders granted under this chapter shall
be sealed by the judge. Custody of the applications and orders shall be
wherever the judge directs. Such applications and orders shall be
disclosed only u^wn a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the
issuing or denying judge, and in any event shall be kept for ten years.
"(c) Any violation of the provisions of this subsection may be
punished as contempt of the issuing or denying judge.
" ( d ) Within a reasonable time but not later than ninety days after
the filing of an application for an order of approval vmder section

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

'2518(7) {h) wliich is denied or the termination of tlie period of an
order or extensions thereof, tlie issuing or denying judge shall cause
to be served, on the persons named in the order or the application, and
such otlier parties to intercepted connnunications as the judge may
determine in his discretion that is in the interest of justice, an inventory
which shall include notice of—
" (1) the fact of the entry of the order or the application ;
"'{•2) the date of the entry and the period of authorized, apj^roved
or disapproved interception, or the denial of the application; and
•'(3) the fact that during the period wire or oral communications were or were not intercepted.
The judge, upon the filing of a motion, may in his discretion make
a\'ailable to such person or his counsel for inspection such portions of
the intercepted connnunications, applications and orders as the judge
determines to be in the interest of justice. On an ex parte showing of
good cause to a judge of competent jurisdiction the serving of the
in\'entory required by this subsection may be postponed.
''(9) The contents of any intercepted wire or oral communication
or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal
or State court unless each party, not less than ten days before the trial,
hearing, or proceeding, has been furnished with a copy of the court
order, and accompanying application, under which the interception
was authorized or approved. This ten-day period may be waived by
the judge if he finds that it was not possible to furnish the party with
the above information ten days before the trial, hearing, or proceeding
and that the party will not be j^rejudiced by the delay in receiving
such information.
"(10) (a) Any aggrieved person in any trial, hearing, or proceeding
in or before any court, department, officer, agency, regulatory body,
or other authority of the Ignited States, a State, or a political subdivision thereof, may move to suppress the contents of any intercepted
wire or oral communication, or evidence derived therefrom, on the
grounds that—
"(i) the communication was unlawfully intercepted;
" (ii) the order of authorization or approval under which it was
intercepted is insufficient on its face; or
"(iii) the interception was not made in conformity Avith the
order of authorization or approval.
Such motion shall be made before the trial, hearing, or proceeding
unless there was no opportunity to make such motion or the person
was not aware of the grounds of the motion. If the motion is granted,
the contents of the intercepted wire or oral communication, or evidence
derived therefrom, shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of such motion by
the aggrieved person, may in his discretion make available to the
aggrieved person or his counsel for inspection such portions of the
intercepted communication or evidence derived therefrom as the judge
determines to be in the interests of justice.
"(b) In addition to any other right to appeal, the TTnited States
shall have the right to appeal from an order granting a motion to
suppress made under i^aragraph (a) of this subsection, or the denial
of an application for an order of approval, if the United States
attorney shall certify to the judge or other official granting such
motion or denying such application that the appeal is not taken for
purposes of delay. Such appeal shall be taken within thirty days
after the date the order Avas entered and shall be diligently prosecuted.

221

222

gres^"'^* *° "^"^

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

"§ 2519. Reports concerning intercepted wire or oral communications
''(1) Within thirty days after the expiration of an order (or eacli
extension thereof) entered under section 2518, or the denial of an
order approving an interception, the issuing or denying judge shall
report to the Administrative Office of the United States Courts^—
" ( a ) the fact that an order or extension was applied for;
"(b) the kind of order or extension applied for;
"(c) the fact that the order or extension was granted as
applied for, was modified, or was denied;
" ( d ) the period of interceptions authorized by the order, and
the number and duration of any extensions of the order;
"(e) the offense specified in the order or application, or
extension of an order;
"(f) the identity of the applying investigative or law enforcement officer and agency making the application and the person
authorizing the application; and
"(g) the nature of the facilities from which or the place where
communications were to be intercepted.
"(2) In January of each year the Attorney General, an Assistant
Attorney General specially designated by the Attorney General, or
the principal prosecuting attorney of a State, or the principal prosecuting attorney for any political subdivision of a State, shall report to
the Administrative Office of the United States Courts—
" ( a ) the information required by paragraphs (a) through (g)
of subsection (1) of this section with respect to each application
for an order or extension made during the preceding calendar
year;
"(b) a general description of the interceptions made under
such order or extension, including (i) the approximate nature and
frequency of incriminating communications intercepted, (ii) the
approximate nature and frequency of other communications intercepted, (iii) the approximate number of persons whose communications were intercepted, and (iv) the approximate nature,
amount, and cost of the manpower and other resources used in
the interceptions;
"(c) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which arrests
were made;
" ( d ) the number of trials resulting from such interceptions;
"(e) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
"(f) the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained
and a general assessment of the importance of the interceptions;
and
" ( ^ ) the information required by paragraphs (b) through (f)
of this subsection with respect to orders or extensions obtained in
a preceding calendar year.
" (^) I ^ April of each year the Director of the Administrative Office
of the United States Courts shall transmit to the Congress a full and
complete report concerning the number of applications for orders
authorizing or approving the interception of wire or oral communications and the number of orders and extensions granted or denied during the preceding calendar year. Such report shall include a summary
and analysis of the data required to be filed with the Administrative
Office by subsections (1) and (2) of this section. The Director of the
Administrative Office of the United States Courts is authorized to

82

STAT. ]

223

PUBLIC LAW 90-351-JUNE 19, 1968

issue binding regulations dealing with the content and form of the
reports required to be filed by subsections (1) and (2) of this section.
"§2520. Recovery of civil damages authorized
"Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this chapter shall (1) have a civil cause
of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use such communications, and (2) be entitled to recover from any such person—
" ( a ) actual damages but not less than liquidated damages
computed at the rate of $100 a day for each day of violation or
$1,000, whichever is higher;
" ( b ) punitive damages; and
"(c) a reasonable attorney's fee and other litigation costs reasonably incurred.
A good faith reliance on a court order or on the provisions of section
2518(7) of this chapter shall constitute a complete defense to any civil
or criminal action brought under this chapter."
SEC. 803. Section 605 of the Communications Act of 1934 (48 Stat.
1103; 47 U.S.C. 605) is amended to read as follows:
" U N A U T H O R I Z E D P U B L I C A T I O N O F COMMUJflCATIONS

"SEC. 605. Except as authorized by chapter 119, title 18, United
States Code, no person receiving, assisting in receiving, transmitting,
or assisting in transmitting, any interstate or foreign communication
by wire or radio shall divulge or publish the existence, contents, substance, i^urport, effect, or meaning thereof, except through authorized
channels of transmission or reception, (1) to any person other than the
addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to proper
accounting or distributing officers of the various communicating centers over which the communication may be passed, (4) to the master
of a ship under whom he is serving, (5) in response to a subpena issued
by a court of competent jurisdiction, or (6) on demand of other lawful
authority. No person not being authorized by the sender shall intercept
any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any j)erson. No person not being entitled thereto shall
receive or assist in receiving any interstate or foreign communication
by radio and use such communication (or any information therein
contained) for his own benefit or for the benefit of another not entitled
thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof)
knowing that such communication w^as intercepted, shall divulge or
publish the existence, contents, substance, purport, effect, or meaning
of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit
or for the benefit of another not entitled thereto. This section shall not
apply to the receiving, divulging, publishing, or utilizing the contents
of any radio communication which is broadcast or transmitted by
amateurs or others for the use of the general public, or which relates
to ships in distress."
SEC. 804. (a) There is hereby established a National Commission
for the Review of Federal and State Laws Relating to Wiretapping
and Electronic Surveillance (hereinafter in this section referred to
as the "Commission").

Ante,

p . 212.

Wiretapping
l a w s , review
commission.
Establishment.

224
Membership.

Personnel.

80 Stat. 378.

5 u s e 5101,
5331.

80 Stat. 416.

Compensation.

Cooperation of
F e d e r a l and State
agencies.

Report to P r e s ident and Congress.

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

(b) The Commission shall be composed of fifteen members appointed
as follows:
(A) Four appointed by the President of the Senate from
Members of the Senate;
(B) Four appointed by the Speaker of the House of Representatives from Members of the House of Representatives; and
(C) Seven appointed by the President of the United States
from all seg-ments of life in the United States, including lawyers,
teachers, artists, businessmen, newspapermen, jurists, policemen,
and community leaders, none of whom shall be officers of the execvitive branch of the Government.
(c) The President of the XTnited States shall designate a Chairman
from among the members of the Commission. Any vacancy in the
Commission .shall not alfect its powers but shall be filled in the same
manner in which the original appointment was made.
(d) It shall be the duty of the Commission to conduct a compreliensive study and review of the operation of the provisions of this
title, in eifect on the effective date of this section, to determine the
effectiveness of such provisions during the six-year period immediately following the date of their enactment.
(e) (1) Subject to such rules and regulations as may be adopted by
the Commission, the Chairman shall have the power to—
(A) appoint and fix the compensation of an Executive Director,
and such additional staff' personnel as he deems necessary, without
regard to the provisions of title 5, Ignited States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter I I I of chapter 53 of
such title relating to classification and General Schedule pay rates,
but at rates not in excess of the maximum rate for GS-18 of the
General Schedule under section 5332 of such title; and
(B) procure temporary and intermittent services to the same
extent as is authorized by section 3109 of title 5, United States
Code, but at rates not to exceed $100 a day for individuals.
(2) In making appointments pursuant to paragraph (1) of this
subsection, the Chairman shall include among his appointment individuals determined by the (chairman to be competent social scientists,
lawyers, and law enforcement officers.
(f) (1) A member of the Commission who is a Member of Congress
shall serve without additional compensation, but shall be reimbursed
for travel, subsistence, and other necessary expenses incurred in the
performance of duties vested in the Commission.
(2) A member of the Commission from private life shall receive
$100 per diem when engaged in the actual performance of duties vested
in the Commission, plus reimbursement for travel, subsistence, and
other necessary expenses incurred in the performance of such duties.
(g) Each department, agency, and instrumentality of the executive
branch of the Government, including independent agencies, is authorized and directed to furnish to the Commission, upon request made by
the Chairman, such statistical data, reports, and other information as
the Commission deems necessary to carry out its functions under this
section. The Chairman is further authorized to call upon the departments, agencies, and other offices of the several States to furnish such
statistical data, reports, and other information as the Commission
deems necessary to carry out its functions under this section.
(h) The Commission shall make such interim reports as it deems
advisable, and it shall make a final report of its findings and recommendations to the President of the United States and to the Congress
within the one-year period following the effective date of this sub-

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

section. Sixty days after submission of its final report, the Commission
shall cease to exist.
(i) (1) Except as provided in paragraph (2) of this subsection, any
member of the Commission is exempted, with respect to his appointment, from the operation of sections 203, 205, 207, and 209 of title 18,
United States Code.
(2) The exemption granted by paragraph (1) of this subsection
shall not extend—
(A) to the receipt of payment of salary in connection with
the appointee's Government service from any source other than the
private employer of the appointee at the time of his appointment,
or
(B) during the period of such appointment, to the prosecution, by anjr person so appointed, of any claim agamst the
Government involving any matter with which such person, during
such period, is or was directly connected by reason of such
appointment.
(j) There is authorized to be appropriated such sum as may be
necessary to carry out the provisions of this section.
-(k) The foregoing provisions of this section shall take effect upon
the expiration of the six-year period immediately following the date
of the enactment of this Act.
T I T L E I V — S T A T E F I R E A R M S CONTROL A S S I S T A N C E
FINDINGS AND DECLARATION

SEC. 901. (a) The Congress hereby finds and declares—
(1) that there is a widespread traffic in firearms moving in
or otherwise affecting interstate or foreign commerce, and that
the existing Federal controls over such traffic do not adequately
enable the States to control this traffic within their own borders
through the exercise of their police power;
(2) that the ease with which any person can acquire firearms
other than a rifle or shotgun (including criminals, juveniles
without the knowledge or consent of their parents or guardians,
narcotics addicts, mental defectives, armed groups who would
supplant the functions of dulv constituted public authorities,
and others whose possession 01 such weapons is similarly contrary to the public interest) is a significant factor in the prevalence of lawlessness and violent crime in the United States;
(3) that only through adequate Federal control over interstate
and foreign commerce in these weapons, and over all persons engaging in the businesses of importing, manufacturing, or dealing
in them, can this grave problem be properly dealt with, and effective State and local regulation of this traffic be made possible;
(4) that the acquisition on a mail-order basis of firearms other
than a rifle or shotgun by nonlicensed individuals, from a place
other than their State of residence, has materially tended to
thwart the effectiveness of State laws and regulations, and local
ordinances;
(5) that the sale or other disposition of concealable weapons by
importers, manufacturers, and dealers holding Federal licenses,
to nonresidents of the State in which the licensees' places of business are located, has tended to make ineffective the laws, regulations, and ordinances in the several States and local jurisdictions
regarding such firearms;
(6) that there is a causal relationship between the easy availability of firearms other than a rifle or shotgun and juvenile and

225
Termination.
Conflict of
interest.

76 stat. 1121.

Effective date.

5

226

52 Stat. 1250.
15 u s e 909.

62 Stat. 743.

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

youthful criminal beliiivior, and that such firearms have been
widely sold by federally licensed importers and dealers to emotionally immature, or thrill-bent juveniles and minors prone to
criminal behavior;
(7) that the LTnited States has I)ecome the dumping ground
of the castolf surplus military weapons of other nations, and that
such weapons, and the large volume of relatively inexpensive pistols and revolvers (largely worthless for sporting purposes),
imported into the ITnited States in recent years, has contributed
greatly to lawlessness and to the Nation's law enforcement
problems;
(8) that the lack of adequate Federal control over interstate
and foreign commerce in highly destructive weapons (such as
bazookas, mortars, antitank guns, and so forth, and destructive
devices such as explosive or incendiary grenades, bombs, missiles,
and so forth) has allowed such weapons and devices to fall into
the hands of lawless persons, including armed groups who would
supplant lawful authority, thus creating a problem of national
concern;
(9) that the existing licensing system under the Federal Firearms Act does not provide adequate license fees or proper standards for the granting or denial of licenses, and that this has led to
licenses being issued to persons not reasonably entitled thereto,
thus distorting the purposes of the licensing system.
(b) The Congress further hereby declares that the purpose of this
title is to cope with the conditions referred to in the foregoing subsection, and that it is not the purpose of this title to place any undue or
unnecessary Federal restrictions or burdens on law-abiding citizens
with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trap shooting, target shooting, personal
protection, or any other lawful activity, and that this title is not
intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful pui"poses, or provide for the
imposition by Federal regulations of any procedures or requirements
other than those reasonably necessary to implement and ett'ectuate the
provisions of this title.
SEC. 902. Title 18, ITnited States Code, Is amended by inserting after
section 917 thereof the following new chapter:

^ ° ^ ' p 1214

Chapter 44.—FIREARMS
"Sec.
"5)21.
^•922.
"923.
"924.
'•925.
'•920.
"927.
"928.

Definitions.
Unlawful acts.
Licensing.
Penalties.
Exceptions : Relief from disabilities.
Rules and regulations.
Effect on State law.
Separability clause.

"§921. Definitions
'"(a) As used in this chapter—
"(1) The term 'person' and the term 'whoever includes any individual, corporation, company, association, firm, partnership, society,
or joint stock company.
"(2) The term 'interstate or foreign commerce' includes commerce
between any State or possession (not including the Canal Zone) and
any place outside thereof; or l)etween points within the same State or
possession (not including the Canal Zone), but through any place
outside thereof; or within any possession or the District of Columbia.

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

The term 'State' shall include the Commonwealth of Puerto Rico, the
Virgin Islands, and the District of Columbia.
"(3) The term 'firearm' means any weapon (including a starter
gun) which will or is designed to or may readily be converted to expel
a projectile by the action of an explosive; the frame or receiver of any
such weapon; or any firearm muffler or firearm silencer; or any
destructive device.
" (4) The term 'destructive device' means any explosive, incendiary,
or poison gas bomb, grenade, mine, rocket, missile, or similar device;
and includes any type of weapon which will or is designed to or may
readily be converted to expel a projectile by the action of any explosive
and having any barrel with a bore of one-half inch or more in
diameter.
"(5) The term 'shotgun' means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the
explosive in a fixed shotgun shell to fire through a smooth bore either
a number of ball shot or a single projectile for each single pull of the
trigger.
"(6) The term 'short-barreled shotgun' means a shotgun having
one or more barrels less than eighteen inches in length and any weapon
made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than
twenty-six inches.
"(7) The term 'rifle' means a weapon designed or redesigned, made
or remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of the explosive in a
fixed metallic cartridge to fire only a single projectile through a rifled
bore for each single pull of the trigger.
"(8) The term 'short-barreled rifle' means a rifle having one or
more barrels less than sixteen inches in length and any weapon made
from a rifle (Avhether by alteration, modification, or otherwise) if such
weapon as modified has an overall length of less than twenty-six
inches.
"(9) The term 'importer' means any person engaged in the business
of importing or bringing firearms or ammunition into the United
States for purposes of sale or distribution; and the term 'licensed
importer' means any such person licensed under the provisions of this
chapter.
"(10) The term 'manufacturer' means any person engaged in the
manufacture of firearms or ammunition for purposes of sale or distribution; and the term 'licensed manufacturer' means any such person licensed under the provisions of this chapter.
"(11) The term 'dealer' means (A) any person engaged in the business of selling firearms or ammunition at wholesale or retail, (B) any
person engaged in the business of repairing such firearms or of making
or fitting special barrels, stocks, or trigger mechanisms to firearms or
(C) any person who is a pawnbroker. The term 'licensed dealer' means
any dealer who is licensed under the provisions of this chapter.
"(12) The term 'pawnbroker' means any person whose business
or occupation includes the taking or receiving, by way of pledge or
pawn, of any firearm or ammunition as security for the payment or
repayment of money.
"(Ie3) The term 'indictment' includes an indictment or an information in any court under which a crime punishable by imprisonment
for a term exceeding one year may be prosecuted.
"(14) The term 'fugitive from justice' means any person who has
fled from any State or possession to avoid prosecution for a crime

227

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PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

punishable by iniprisoinneiit for a term exceedmg one year or to
avoid giving testimony in any criminal proceeding.
"(15) The term 'antique firearm' means any firearm manufactured
in or before 1898 (including any matchlock, fiintlock, percussion cap,
or similar early type of ignition system) or replica thereof, whether
actually manufactured before or after the year 1898; and also any
firearm using fixed ammunition manufactured in or before 1898, for
which ammunition is no longer manufactured in the United States;
and is not readily available in the ordinary channels of commercial
trade.
*'(16) The term 'amnmnition' means ammunition for a destructive
device; it shall not include shotgun shells or any other ammunition
designed for use in a firearm other than a destructive device.
"(17) The term 'Secretary' or 'Secretary of the Treasury' means
the Secretary of the Treasury or his delegate.
"(18) The term 'published ordinance' means a published law of
any political subdivision of a State which the Secretary of the
Treasury determines to be relevant to the enforcement of this chapter
and which is contained on a list compiled by the Secretary of the
Publication in Trcasury which list shall be published in the Federal Register, revised
Fe era Register, ^j^j^^^r^^jy^ ^ud fumislied to eacli liceusee under this chapter.
"(b) As used in this chapter—
"(1) The term 'firearm' shall not include an antique firearm.
"(2) The term 'destructive device' shall not include—
" ( A ) a device which is not designed or redesigned or used
or intended for use as a weapon; or
" ( B ) any device, although originally designed as a weapon,
which is redesigned so that it may be used solely as a signaling, linethrowing, safety or similar device; or
" ( C ) any shotgun other than a short-barreled shotgun; or
" ( D ) any nonautomatic rifle (other than a short-barreled
rifle) generally recognized or particularly suitable for use
for the hunting of big game; or
" ( E ) surplus obsolete ordnance sold, loaned, or given by
the Secretary of the Army pursuant to the provisions of
sections 468-1(2), 4685, or 4686 of title 10, United States
70A Stat. 263.
Code; Or
" ( F ) any other device which the Secretary finds is not
likely to be used a.s a weapon.
"(3) The term 'crime punishable by imprisonment for a term
exceeding one year' shall not include any Federal or State offenses
pertaining to antitrust violations, unfair trade practices,
restraints of trade, or other similar offenses relating to the regulation of business practices as the Secretary may by regulation
designate.
"§ 922. Unlawful acts
" ( a ) I t shall be unlawful—
" (1) for any person, except a licensed importer^ licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or ammunition, or in
the course of such business to ship, transport, or receive any
firearm or ammunition in interstate or foreign commerce.
"(2) for any importer, manufacturer, or dealer licensed under
the provisions of this chapter to ship or transport in interstate
or foreign commerce, any firearm other than a rifle or shotgun,
or ammunition to any person other than a licensed importer,
licensed manufacturer, or licensed dealer, except that—
" ( A ) this paragraph shall not be held to preclude a
licensed importer, licensed manufacturer, or licensed dealer

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

from returning a firearm or replacement firearm of tlie
same kind and type to a person from wliom it was received;
" ( B ) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer
from depositing a firearm for conveyance in the mails to any
officer, employee, agent, or watchman who, pursuant to the
provisions of section 1715 of title 18 of the United States
Code, is eligible to receive through the mails pistols, revolvers, ga^stat^ 95^^^'
and other firearms capable of bein^ concealed on the person,
for use in connection with his official duty;
" ( C ) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Eico, or any possession of the United
States differently than it would apply if the District of
Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States.
"(3) for any person other than a licensed importer, licensed
manufacturer, or licensed dealer to transport into or receive in
the State w^here he resides (or if the person is a corporation or
other business entity, in w^hich he maintains a place of business) —
" ( A ) any firearm, other than a shotgun or rifle, purchased
or otherwise obtained by him outside that State;
" ( B ) any firearm, purchased or otherwise obtained by him
outside that State, which it would be unlawful for him to
purchase or possess in the State or political subdivision
thereof wherein he resides (or if the person is a corporation
or other business entity, in which he maintains a place of
business).
"(4) for any person, other than a licensed importer, licensed
manufacturer, or licensed dealer, to transport in interstate or
foreign commerce any destructive device, machinegun (as defined
726.
in section 5848 of the Internal Revenue Code of 1954), short- ^^'^sp^'
26 u s e 5848.
barreled shotgun, or short-barreled rifle, except as specifically
authorized by the Secretary.
"(5) for any person to transfer, sell, trade, give, transport,
or deliver to any person (other than a licensed importer, licensed
manufacturer, or licensed dealer) who resides in any State other
than that in which the transferor resides (or in w^hich his place
of business is located if the transferor is a corporation or other
business entity) —
" (A) any firearm, other than a shotgun or rifle;
" ( B ) any firearm which the transferee could not lawfully
purchase or possess in accord with applicable laws, regulations or ordinances of the State or political subdivision thereof
in which the transferee resides (or in which his place of
business is located if the transferee is a corporation or other
business entity).
"This paragraph shall not apply to transactions between licensed
importers, licensed manufacturers, and licensed dealers.
"(6) for any person in connection with the acquisition or
attempted acquisition of any firearm from a licensed importer,
licensed manufacturer, or licensed dealer, knowingly to make any
false or fictitious oral or written statement or to furnish or exhibit
any false or fictitious or misrepresented identification, intended
or likely to deceive such importer, manufacturer, or dealer with
respect to any fact material to the lawfulness of the sale or other
disposition of such firearm under the provisions of this chapter.

229

230

ll^lc'ss^i'

Records.

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

"(b) I t shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell or deliver—
"(1) any firearm to any individual who the licensee knows or
has reasonable cause to believe is less than twentj'-one years of
age, if the firearm is other than a shotgun or rifle.
"(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in
violation of any State law or any published ordinance applicable
at the place of sale, delivery or other disposition, or in the locality
in which such person resides unless the licensee knows or has
reasonable cause to believe that the purchase or possession would
not be in violation of such State law or such ordinance.
"(3) any firearm to any i)erson who the licensee knows or has
reasonable cause to believe does not reside in (or if the person is
a corporation or other business entity, does not maintain a place
of business in) the State in which the licensee's place of business is
located; except that this paragraph shall not apply in the case
of a shotgun or rifle.
"(4) to any person any destructive device, machine gun (as
defined in section 5848 of the Internal Revenue Code of 1954),
short-barreled shotgun, or short-barreled rifle, unless he has in his
possession a sworn statement executed by the principal law
enforcement officer of the locality wherein the purchaser or person to whom it is otherwise disposed of resides, attesting that there
is no provision of law, regulation, or ordinance which would be
violated by such person's receipt or possession thereof, and that he
is satisfied that it is intended by such person for lawful purposes;
and such sworn statement shall be retained by the licensee as a
part of the records required to be kept under the provisions of
this chapter.
"(5) any firearm to any person unless the licensee notes in his
records required to be kept pursuant to section 923 of this chapter,
the name, age, and place of residence of such person if the person
is an individual, or the identity and principal and local places
of business of such person if the person is a corporation or other
business entity.
Paragraphs (1), (2), (3) and (4) of this subsection shall not apply
to transactions between licensed importers, licensed manufacturers,
and licensed dealers.
"(c) I t shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell or otherwise dispose of any firearm
or ammunition to any person, knowing or having reasonable cause to
believe that such person is a fugitive from justice or is under indictment or has been convicted in any court of a crime ]:)unishable by imj)risonment for a term exceedina; one year. This subsection shall not
apply Avith respect to sa^e or disposition of a firearm to a licensed
importer, licensed manufacturer, or licensed dealer who jjursuant to
subsection (b) of section 925 of this chapter is not precluded from
dealino- in firearms, or to a person Avho has been granted relief from
disabilities pursuant to subsection (c) of section 925 of this chapter.
" ( d ) I t shall be unlawful for any common or contract carrier to
transport or deliver in interstate or foreign commerce any firearm
with knowledge or reasonable cause to believe that the shipment,
transportation, or receipt thereof would be in violation of the provisions of this chapter.
"(e) I t shall be unlawful for any person who is under indictment
or who has been convicted in any court of a crime punishable by
imprisonment for a term exceeding one year, or who is a fugitive from

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

justice, to ship or transport any firearm or ammunition in interstate
or foreign commerce.
" ( f ) I t shall be unlawful for any person who is under indictment
or who has been convicted in any court of a crime punishable by
imprisonment for a term exceeding one year, or is a fugitive from
justice, to receive any firearm or ammunition which has been shipped
or transported in interstate or foreign commerce.
" ( g ) I t shall be unlawful for any person to transport or ship in
interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe the same to have
been stolen.
" ( h ) I t shall be unlawful for any person to receive, conceal, store,
barter, sell, or dispose of any stolen firearm or stolen ammunition, or
pledge or accept as security for a loan any stolen firearm or stolen
ammunition, moving as or which is a part of or which constitutes
interstate or foreign commerce, knowing or having reasonable cause
to believe the same to have been stolen.
"(i) I t shall be unlawful for any person knowingly to transport,
si lip, or receive, in interstate or foreign commerce, any firearm the
importer's or manufacturer's serial number of which has been removed,
obliterated, or altered.
"(j) It shall be unlawful for any person knowingly to import or
bring into the United States or any possession thereof any firearm or
ammunition, except as provided in subsection (d) of section 925 of
this chapter; and it shall be unlawful for any person knowingly to
receive any firearm or ammunition which has been imported or brought
into the United States or any possession thereof in violation of the
i:)rovisions of this chapter.
" (k) I t shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer knowingly to make any false entry in, or
to fail to make appropriate entry in or to fail to properly maintain,
any record which he is required to keep pursuant to section 923 of this
chapter or regulations promulgated thereunder.
"§923. Licensing
" ( a ) No person shall engage in business as a firearms or ammunition
importer, manufacturer, or dealer until he has filed an application
with, and received a license to do so from, the Secretary. The application shall be in such form and contain such information as the Secretary shall by regulation prescribe. Each applicant shall be required to
pay a fee for obtaining such a license, a separate fee being required
for each place in which the applicant is to do business, as follows:
" (1) If a manufacturer—
" ( A ) of destructive devices and/or ammunition a fee of $1,000
per year;
" ( B ) of firearms other than destructive devices a fee of $500
per year.
"(2) If an importer—
" ( A ) of destructive devices and/or ammunition a fee of $1,000
per year;
" ( B ) of firearms other than destructive devices a fee of $500
per year.
"(3) If a dealer—
" ( A ) in destructive devices and/or ammunition a fee of $1,000
per year;
" ( B ) who is a pawnbroker dealing in firearms other than
destructive devices a fee of $250 per year;
" (C) who is not a dealer in destructive devices or a pawnbroker,
a fee of $10 per year.

96-600 O - 69

231

Records.

232

Disapproval.

^^''°'^'^^-

ii^e°s*e''^ °^

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

" ( b ) Upon the filing of a proper application and payment of the
prescribed fee, the Secretary may issue to the applicant the appropriate
license which, subject to the provisions of this chapter and other
applicable provisions of law, shall entitle the licensee to transport,
ship, and receive firearms and ammunition covered by such license in
interstate or foreign commerce during the period stated in the license.
"(^^ Ally appHcatioii Submitted uuder subsectlons (a) and (b) of
this section shall be disapproved and the license denied and the fee
returned to the applicant if the Secretary, after notice and opportunity for hearing, finds that—
" (1) the applicant is under twenty-one years of age; or
"(2) the applicant (including in the case of a corporation,
partnership, or association, any individual possessing directly or
indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is prohibited from transporting, shipping, or receiving
firearms or ammunition in interstate or foreign commerce under
the provisions of this chapter; or is, by reason of his business
experience, financial standing, or trade connections, not likely
to commence business operations during the term of the annual
license applied for or to maintain operations in compliance with
this chapter; or
"(3) the applicant has willfully violated any of the provisions
of this chapter or regulations issued thereunder; or
"(4) the applicant has willfully failed to disclose any material
information required, or has made any false statement as to any
material fact, in connection with his application; or
"(5) the applicant does not have, or does not intend to have
or to maintain, in a State or possession, business premises for the
conduct of the business.
" ( d ) Each licensed importer, licensed manufacturer, and licensed
dealer shall maintain such records of importation, production, shipment, receipt, and sale or other disposition, of firearms and ammunition at such place, for such period and in such form as the Secretary
may by regulations prescribe. Such importers, manufacturers, and
dealers shall make such records available for inspection at all reasonable times, and shall submit to the Secretary such reports and information with respect to such records and the contents thereof as he shall
by regulations prescribe. The Secretary or his delegate may enter
during business hours the premises (including places of storage) of
any firearms or ammunition importer, manufacturer, or dealer for
the purpose of inspecting or examining any records or documents
required to be kept by such importer or manufacturer or dealer under
the provisions of this chapter or regulations issued pursuant thereto,
and any firearms or ammunition kept or stored by such importer,
manufacturer, or dealer at such premises. LTpon the request of any
State, or possession, or any political subdivision thereof, the Secretary
of the Treasury may make available to such State, or possession, or any
political subdivision thereof, any information which he may obtain by
reason of the provisions of this chapter with respect to the identification of persons within such State, or possession, or political subdivision
thereof, who have purchased or received firearms or ammunition,
together with a description of such firearms or ammunition.
"(e) Licenses issued under the provisions of subsection (b) of this,
section shall be kept posted and kept available for inspection on the
business premises covered by the license.
" ( f ) Licensed importers and licensed manufacturers shall identify,
in such manner as the Secretary shall by regulations prescribe, each
firearm imported or manufactured by such importer or manufacturer.

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

"§ 924. Penalties
" ( a ) Whoever violates any provision of this chapter or knowingly
makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the
records of a person licensed under this chapter, or in applying for any
license or exemption or relief from disability under the provisions of
this chapter, shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
" ( b ) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge
or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships,
transports, or receives a firearm in interstate or foreign commerce shall
be fined not more than $10,000 or imprisoned not more than ten years,
or both.
"(c) Any firearm or ammunition involved in, or used or intended to
be used in, any violation of the provisions of this chapter, or a rule
or regulation promulgated thereunder, or violation of any other criminal law of the United States, shall be subject to seizure and forfeiture
and all provisions of the Internal Revenue Code of 1954 relating to the
seizure, forfeiture, and disposition of firearms, as defined in section
5848(1) of said Code, shall, so far as applicable, extend to seizures
and forfeitures under the provisions of this chapter.
"§925. Exceptions: relief from disabilities
" ( a ) The provisions of this chaj)ter shall not apply with respect
to the transportation, shipment, receipt, or importation of any firearm
or ammunition imported for, or sold or shipped to, or issued for the
use of the United States or any department, or agency thereof; or any
State or possession, or any department, agency, or political subdivision
thereof.
" ( b ) A licensed importer, licensed manufacturer, or licensed dealer
who is indicted for a crime punishable by imprisonment for a term
exceeding one year, may, notwithstanding any other provisions of
this chapter, continue operations pursuant to his existing license (provided that prior to the expiration of the term of the existing license
timely application is made for a new license) during the term of such
indictment and until any conviction pursuant to the indictment becomes
final.
"(c) A person who has been convicted of a crime punishable by
imprisonment for a term exceeding one year (other than a crime
involving the use of a firearm or other weapon or a violation of this
chapter or of the National Firearms Act) may make application to
the Secretary for relief from the disabilities under this chapter
incurred by reason of such conviction, and the Secretary may grant
such relief if it is established to his satisfaction that the circumstances
regarding the conviction, and the applicant's record and reputation,
are such that the applicant will not be likely to conduct his operations
in an unlawful manner, and that the granting of the relief would not
be contrary to the public interest. A licensee conducting operations
under this chapter, who makes application for relief from the disabilities incurred under this chapter by reason of such a conviction, shall
not be barred by such conviction from further operations under his
license pending final action on an application for relief filed pursuant
to this section. Whenever the Secretary grants relief to any person
pursuant to this section he shall promptly publish in the Federal
Register notice of such action, together with the reasons therefor.
" ( d ) The Secretarj^ may authorize a firearm to be imported o r
brought into the United States or any possession thereof if the

233

l'^ use 5348

72^1^3^*142^^'
26 use ssoi^^^2.

pe^erii''R"°rster
^ ^'^^ ^^'^ "'

234

PUBLIC LAW 90-351-JUNE19, 1968

io^scr43^o^i'*-'
4313.
2rusc*5848^'

74 Stat. 149.

[82 STAT.

])erson importing or bringing in the firearm establislies to the satisfaction of the Secretary that the firearm—
"(1) is being imported or brought in for scientific or research
purposes, or is for use in connection with competition or training
pursuant to chapter 401 of title 10 of the United States Code; or
"(2) is an unserviceable firearm, other than a machinegun as
defined by 5848(2) of the Internal Revenue Code of 1954 (not
readily restorable to firing condition), imported or brought in
as a curio or museum piece; or
''(?>) is of a type that does not fall within the definition of a
firearm as defined in section 5848(1) of the Internal Revenue Code
^^f ld~A aiid is generally recognized as particularly suitable for or
readily adaptable to sporting purposes, and in the case of surplus
military firearms is a rifle or shotgun; or
"(4) was previously taken out of the United States or a possession by the person who is bringing in the firearm :
ProcklctL That the Secretary may permit the conditional importation
or bringing in of a firearm for examination and testing in connection
with the making of a determination as to whether the importation or
bringing in of such firearm will be allowed under this subsection.
"§926. Rules and regulations
"The Secretary may prescribe such rules and regulations as he deems
reasonably necessary to carry out the provisions of this chapter. The
Secretary shall give reasonable public notice, and aiford to interested
parties opportunity for hearing, prior to prescribing such rules and
regulations.
"§ 927. Effect on State law
"'No provision of this chapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which such
provision operates to the exclusion of the law of any State or possession on the same subject matter, unless there is a direct and positive
conflict between such provision and the law of the State or possession
so that the two cannot be reconciled or consistently stand together.

"§928. Separability
"'If any provision of this chapter or the application thereof to any
person or circumstance is held invalid, the remainder of the chapter
and the application of such provision to other persons not similarly .
situated or to other circumstances shall not be affected thereby."
Administration.
gj;^.^ 9();3 xhe administration and enforcement of the amendment
made by this title shall be vested in the Secretary of the Treasury.
SEC. 904. Nothing in this title or amendment made thereby shall be
construed as modifying or affecting any provision of—
(a) the National Firearms Act (chapter 5-3 of the Internal
9filTsr'.«nV •
Revenue Code of 1954) ; or
5862.
(b) section 414 of the Muhial Security Act of 1954 (22 U.S.C.
68 Stat. 848.
1934), as amended, relating to munitions control; or
62 Stat. 781;
(c) sectlou 1715 of title 18, United States Code, relating to
63 Stat

95

•

7

C

5

nonmailable firearms.
SEC. 905. The table of contents to "PART I.—CRIMES" of title 18,
United States Code, is amended by inserting after
"43. False personation

911"

a new chapter reference as follows:
"44. F i r e a r m s

^^p^^i-

921".

SEC. 906. The Federal Firearms Act (52 Stat. 1250; 15 U.S.C.
901-910), as amended, is repealed.

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

SEC. 907. The amendments made by this title shall become effective
one hundred and eighty days after the date of its enactment; except
that repeal of the Federal Firearms Act shall not in itself terminate
any valid license issued pursuant to that Act and any such license
shall be deemed valid until it shall expire according to its terms
unless it be sooner revoked or terminated pursuant to applicable
provisions of law.
^~-~—

235

Effective date.
^"'«' P- 234.

T I T L E V—DISQUALIFICATION FOR ENGAGING IN RIOTS
AND CIVIL DISORDERS
SEC. 1001. (a) Subchapter I I of chapter 73 of title 5, United States
Code, is amended by adding immediately after section 7312 the following new section:
"§ 7313. Riots and civil disorders
''(a) An individual convicted by any Federal, State, or local court
of competent jurisdiction of—
" (1) inciting a riot or civil disorder;
"(2) organizing, promoting, encouraging, or participating in
a riot or civil disorder;
"(3) aiding or abetting any person in committing any offense
specified in clause (1) or (2) ; or
"(4) any offense determined by the head of the employing
agency to have been committed in furtherance of, or while participating in, a riot or civil disorder;
shall, if the offense for which he is convicted is a felony, be ineligible
to accept or hold any position in the Government of the United States
or in the government of the District of Columbia for the five years
immediately following the date upon which his conviction becomes
final. x\ny such individual holding a position in the Government of the
United States or the government of the District of Columbia on the
date his conviction becomes final shall be removed from such position.
"(b) F o r the purposes of this section, 'felony' means any offense
for which imprisonment is authorized for a term exceeding one year."
(b) The analysis of chapter 73 of title 5, United States Code,
immediately preceding section 7301 of such title, is amended by striking out the analysis of subchapter I I and inserting in lieu thereof the
following:

so stat. 524.

"Feiony."

"SUBCHAPTER I I — P : M P L O Y M P : X T L I M I T A T I O N S

"Sec.
"7311. Loyalty and striking.
'•7312. Employment and clearance; individuals removed from national security.
"7313. Riots and civil disorders."

(c) The heading of subchapter I I of chapter 73 of title 5, United
States Code, immediately preceding section 7311 of such title, is
amended to read as follows:
"SUBCHAPTER I I — E M P L O Y M E N T LIMITATIONS".

SEC. 1002. The provisions of section 1001 (a) of this title shall apply
only wdth respect to acts referred to in section 7313(a) ( l ) - ( 4 ) of title
5, United States Code, as added by section 1001 of this title, which are
committed after the date of enactment of this title.

Effective date.

236

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

TITLE VI—CONFIRMATION OF T H E DIRECTOR OF T H E
FEDERAL BUREAU OF INVESTIGATION

80 Stat. 460.
5 u s e 5313.

SEC. 1101. Effective as of the day following the date on which the
present incumbent in the office of Director ceases to serve as such, the
Director of the Federal Bureau of Investigation shall be appointed
by the President, by and with the advice and consent of the Senate,
and shall receive compensation at the rate x:)rescribed for level I I of
I]^Q Federal Executive Salary Schedule.
"^

T I T L E V I I — U N L A W F U L P O S S E S S I O N OR R E C E I P T
FIREARMS
Post, p. 1236.

Penalty.

OF

SEC. 1201. The Congress hereby finds and declares that the receipt,
possession, or transportation of a firearm by felons, veterans who are
other than honorably discharged, mental incompetents, aliens who
are illegally in the country, and former citizens who have renounced
their citizenship, constitutes—
(1) a burden on commerce or threat affecting the free flow of
commerce,
(2) a threat to the safety of the President of the United Stat"es
and Vice President of the United States,
(3) an impediment or a threat to the exercise of free speech and
the free exercise of a religion guaranteed by the first amendment
to the Constitution of the United States, and
(4) a threat to the continued and effective operation of the
Government of the United States and of the government of each
State guaranteed by article I V of the Constitution.
SEC. 1202. (a) Any person who—
(1) has been convicted by a court of the United States or of a
State or any political subdivision thereof of a felony, or
(2) has been discharged from the Armed Forces under other
than honorable conditions, or
(3) has been adjudged by a court of the United States or of a
State or any political subdivision thereof of being mentally
incompetent, or
(4) having been a citizen of the United States has renounced
his citizenship, or
(5) being an alien is illegally or unlawfully in the United
States,
and who receives, possesses, or transports in commerce or affecting
commerce, after the date of enactment of this Act, any firearm shall
be fined not more than $10,000 or imprisoned for not more than two
years, or both.
(b) Any individual who to his knowledge and while being employed
by any person who—
(1) has been convicted by a court of the United States or of a
State or any political subdivision thereof of a felony, or
(2) has been discharged from the Armed Forces under other
than honorable conditions, or
(3) has been adjudged by a court of the United States or of a
State or any political subdivision thereof of being mentally incompetent, or
(4) having been a citizen of the United States has renounced
his citizenship, or
(5) being an alien is illegally or unlawfully in the United
States,
and who, in the course of such employment, receives, possesses, or
transports in commerce or affecting «commerce, after the date of the

82 STAT. J

237

PUBLIC LAW 90-351-JUNE 19, 1968

enactment of this Act, any firearm shall be fined not more than $10,000
or imprisoned for not more than two years, or both,
(c) As used in this title—
(1) "commerce" means travel, trade, traffic, commerce, transportation, or communication among the several States, or between
the District of Columbia and any State, or between any foreign
country or any territory or possession and any State or the District of Columbia, or between points in the same State but through
any other State or the District of Columbia or a foreign country;
(2) "felony" means any offense punishable by imprisonment
for a term exceeding one year;
(3) "firearm" means any weapon (including a starter gun)
which will or is designed to or may readily be converted to expel a
projectile by the action of an explosive; the frame or receiver of
any such weapon; or any firearm muffler or firearm silencer; or
any destructive device. Such term shall include any handgun, rifle,
or shotgun;
(4) "destructive device" means any explosive, incendiary, or
poison gas bomb, grenade, mine, rocket, missile, or similar device;
and includes any type of weapon which will or is designed to or
may readily be converted to expel a projectile by the action of any
explosive and having any barrel with a bore of one-half inch or
more in diameter;
(5) "handgun" means any pistol or revolver originally designed to be fired by the use of a single hand and which is designed
to fire or capable of firing fixed cartridge ammunition, or any
other firearm originally designed to be fired by the use of a single
hand;
(6) "shotgun" means a weajjon designed or redesigned, made
or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the
explosive in a fixed shotgun shell to fire through a smooth bore
either a number of ball shot or a single projectile for each single
pull of the trigger;
(7) "rifle" means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed
or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile
through a rifled bore for each single pull of the trigger.
SEC. 1203. This title shall not apply to—
(1) any prisoner who by reason of duties connected with law
enforcement has expressly been entrusted with a firearm by competent authority of the prison; and
(2) any person who has been' pardoned by the President of the
United States or the chief executive of a State and has expressly
been authorized by the President or such chief executive, as the
case may be, to receive, possess, or transport in commerce a firearm.

Penalty.
Definitions.

Post,

p . 1236.

Exemptions.

T I T L E V I I I — P R O V I D I N G F O R AN A P P E A L B Y T H E
UNITED STATES FROM DECISIONS
SUSTAINING
M O T I O N S TO S U P P R E S S E V I D E N C E
SEC. 1301. (a) Section 3731 of title 18, United States Code, is
amended by inserting after the seventh paragraph the following new
paragraph:
"From an order, granting a motion for return of seized property or
a motion to suppress evidence, made before the trial of a person
charged with a violation of any law of the United States, if the United
States attorney certifies to the judge who granted such motion that

62 Stat. 844.

238

Release.
62 Stat. 821;
^°i|*usc M413152.
^^^^^^^-

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

the appeal is not taken for purpose of delay and that the evidence is a
substantial proof of the charge pending against the defendant."
(jj^^ Sucli sectiou is amended by striking out in the third paragraph
from the end "the defendant shall be admitted to bail on his own
recognizance'* and inserting "the defendant shall be released in accordauce with chapter 207 of this title".
SEC. 1302. Section 935 of the Act of March 3, 1901 (31 Stat. 1341)
(D.C. Code, sec. 23-105), is amended—•
(a) by inserting "(a)''immediately before "In all'-; and
(b) by adding at the end thereof the following new subsection:
"(b) The United States may also appeal an order of the District
of Columbia Court of General Sessions, granting a motion for return
of .seized property or a motion to suppress evidence, made before the
trial of a person charged with a violation of any law of the United
States, if the United States attorney conducting the prosecution for
such violation certifies to the judge who granted such motion that the
appeal is not taken for purpose of delay and that the evidence is a
substantial proof of the charge pending against the defendant. Pending the prosecution and determination of such appeal, the defendant,
if in custody for .such violation, shall be released in accordance wnth
chapter 207 of title 18, United States Code."'
T I T L E IX—ADDITIONAL GROUNDS FOR ISSUING
WARRANT

Posf, p. 638.

62 Stat. 819.

gj,(.^ 1401. (a) Chapter 204 of title 18, United States Code, is
amended by inserting imrnecliately after section 3103 the following
new section:
"§ 3103a. Additional grounds for issuing warrant
"In addition to the grounds for issuing a warrant in section 3103
of tliis title, a warrant may be issued to search for and seize any
property that constitutes evidence of a criminal offense in violation of
the laws of the LTnited States."
(b) The table of sections for chapter 205 of title 18, United States
Code, is amended by inserting after the item relating to section 3103
the following:
"3103a. Additional grounds for issuing warrant."
T I T L E X—PROHIBITING EXTORTION AND T H R E A T S IN
T H E DISTRICT O F COLUMBIA
SEC. 1501. Whoever with intent to extort from any person, firm, association, or corporation, any money or other thing of value: (1) transmits within the District of Columbia any communication containing
any demand or request for ransom or reward for the release of any
kidnapped person, shall be fined not more than $5,000 or imprisoned
not more than twenty years, or both; (2) transmits within the District
of Columbia any communication containing any threat to kidnap
any person or any threat to injure the person of another, shall be fined
not more than $5,000 or imprisoned not more than twenty years, or
both; or (3) transmits witliin the District of Columbia any communication containing any threat to injure the property or reputation
of the recipient of the communication or of another or the reputation
of a deceased person or any threat to accuse the recipient of the communication or any other person of a crime, shall be fined not more
than $5,000 or imprisoned not more than twenty years, or both.
SEC. 1502. Whoever threatens within the District of Columbia to
kidnap any person or to injure the person of another or physically

82 STAT. ]

PUBLIC LAW 90-352-JUNE19, 1968

239

damage the property of any person or of another person, in whole or
in part, shall be fined not more than $5,000 or imprisoned not more
than twenty years, or both.
TITLE X I — G E N E R A L PROVISIONS
SEC. 1601. If the provisions of any part of this Act or any amendments made thereby or the application thereof to any person or circumstances be held invalid, the provisions of the other parts and their
application to other persons or circumstances shall not be affected
thereby.
Approved June 19, 1968, 7:14 p.m.

separability.

Public Law 90-352
JOINT RESOLUTION
Making sui>i>leniental appropriations for the fiscal year WKliug .June 30, 1968,
a n d for other purposes.

june 19, 1968
[H.J. Res. 1268]

Re><()lr('(l hy the Semite and House of Representatives of the United
States of Amet'lca in Congress assembled^ That the following sums are proprua^nriges
ap[)ropriated out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriiations for the fiscal year
ending June 30, 19(i8, and for other purposes; namely:
CHAPTER I
DEPARTMENT OF TRANSPORTATION
P^EDEKAL H I G H W A Y

ADMINISTRATION

FEDERAL-AID HIGHWAYS (TRUST FUND)

For ill! additional amount for "Federal-aid highways (trust fund)",
to remain aviailable until expended, $400,000,000 or so much thereof as
may be available in and derived from the "Highway trust fund", which
sum is part of the amount authorized to be appropriated for the fiscal
ve}irl967.
CHAPTER II
CLAIMS AND JITDGMENTS
For payment of ckiims settled and determined by departments and
agencies in accord with law and judgments rendered against the
Ignited States by the United States Court of Claims and United States
district courts, as set forth in House Document Numbered 254 as
amended by Hecified in such judgments or provided by law) and such additional
sums due to increases in rates of exchange as miay be necessary to pay
claims in foreign currency: Provided^ That no judgment herein appropriated for shall be paid until it shall become final and conclusive
against the Ignited States by failure of the parties to appeal or otherwise : Provided further^ That unless otherwise specifically required by
law or by the judgment, payment of interest wherever appropriated
for herein shall not continue for more than thirty days after the date
of approval of this Act.
Approved June 19, 1968.

Attachment B: The Prison Rape Elimination Act of 2003 (PREA, 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
[So 1435]

Prison Rape
Elimination Act
of 2003.
45 use
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 l.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. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. National prison rape statistics, data, and research. Sec. 5.
Prison rape prevention and prosecution.
Sec. 6. Grants to protect inmates and safeguard communities. Sec.
7. National Prison Rape Reduction Commission.
Sec. 8. Adoption and effect of national standards.
Sec. 9. Requirement that accreditation organizations adopt accreditation standards. Sec. 10.
Definitions.

42 use 15601.

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

PUBL I C LAW 108-79-S E P T . 4, 2003

117 STAT.
973

assaulted in adult rather than juvenile facilities -often within the first 48 hours of
incarceration.
(5) Most prison staff are not adequately trained or prepared to prevent,
report, or treat inmate sexual assaults.
(6) Prison rape often goes unreported, and inmate victims often receive
inadequate treatment for the severe physical and psychological effects of sexual
assault -if they receive treatment at all.
(7) HIV and AIDS are major public health problems within America's
correctional facilities. In 2 000, 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 hepa titis Band 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) T he 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. T hey are thus more likely to
become home less 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) T he high incidence of sexua l 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 prisoner s' rights under the Cruel and
Unusual Punishments Clause of the Eighth Amendment. The E ighth
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 Sec tion 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
stand ards that do not generate sign ificant additional expenditures demonstrate
such indifference. Therefore, such States are not entitled to the same level of
Federal benefits as other States.
(14) T he 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, investigat ion, and prosecution; prison construction,

117 STAT.
974

PUBL I C LAW 108-79-SEPT. 4, 2003
maintenance, and operation; race relations; poverty; unemploy ment and homelessness. T he ef f ectiveness and efficiency of these
feder ally f unded grant pr ograms ar e compr omised by the failure of
State officials to adopt policies and pr ocedures that reduce the
incidence of prison rape in that the high incidence of prison rape: (A) increases the costs incur r ed by Feder al, State, and
local ju risdictions to administer their prison systems;
(B) increases the levels of violence, directed at inmates
and at staf f , within prisons;
(C) increases health care expenditures, both inside and
outside of prison systems, and reduces the ef f ectiveness of
disease prevention pr ogr ams by substantially increasing the
incidence and spr ead of HN, AIDS, tuberculosis, hepa titis
Band C, and other diseases;
(D) increases mental health care expenditur es, both
inside and outside of prison systems, by substantially
increasing the r ate of post -traumatic stress disor der,
depression, suicide, and the exacer bation of existing mental
illnesses among current and f ormer inmates;
(E) incr eases the risks of r ecidivism, 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 vic tims,
in the community at large.
(15) The high incidence of prison rape has a significant effect
on inter state. commer ce because it increases substantially (A) the costs incur r ed by Federal, State, and local
jurisdictions to administer their prison systems;
(B) the incidence and spread of HIV, AIDS, tuber culosis,
hepatitis Band C, and other diseas es, contributing to
increased health and medical expenditures throughout the
Nation;
(C) the rate of post-traumatic stress disor der, depres sion,
suicide, and the exacerbation of existing mental ill nesses
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.
S E C. 3. PURPOSES.

42 use 15602.

T he purposes of this Act are to (1) establish a zer o -toler ance 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 f or the detec tion,
prevention, r eduction, and punishment of prison rape; ( 4) increase
the available data and inf ormation on the incidence of prison
rape, consequently improving the manage ment and administration
of cor r ectional facilities;
(5) standar dize the definitions used f or collec ting data on the
incidence of prison rape;

PUBL I C LAW 108-79-SEPT. 4, 2003

117 STAT. 975

(6) increase the accountability of prison officials who f ail to
detect, pr event, reduce, and punish prison rape;
(7) protect the Eighth Amendment rightsof Feder al, State, and
local prisoners;
(8) incr ease the efficiency and ef f ectiveness of Federal
expenditures through grant programs such as those dealing with
health car e; mental health care; disease prevention; crime prevention,
investigation, and pr os ecution; prison construction, maintenance, and
oper ation; race relations; poverty; unemploy ment; and homelessness;
and .
(9) reduce the costs that prison r ape imposes on inter state
commerce.
S E C. 4. NAT I ONAL P RISON RAPE STATISTICS, DAT A,
AND RE S E ARCH. 42 USC 15603.

ANNuAL COMPREHENSIVE STATISTICAL RE VI E W.
(1) IN GENERAL.-T he Bur eau of Justice Statistics of the
Department of Justice (in this section r efer r ed to as the "Bur eau")
shall car r y out, for each calendar year , a comprehen sive statistical
review and analysis of the incidence and effects of prison rape. T he
statistical review and analysis shall include, but not be limited to the
identification of the common char acter istics of .
(A) both victims and per petr ators of prison rape; and ( B) prisons
and prison systems with a high incidence of prison rape ...
(2) CONSIDERAT I ONS . .,.-In car r ying out par agraph ( 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 inf ormation about
staff -on-inmate sexual assault;
.
(C) how the Bureau should collect inf ormation beyond
inmate self -reports of prison rape;
.
(D) how the Bureau should adjust the data in order to
account for dif f er ences among prisons as required by subsection
(c) ( 3);
(E) the categorization of prisons as required by sub section
(c) ( 4); and
(F) whether a preliminar y study of prison rape should be
conducted to inf orm the methodology of the comprehensive
sta tistical review.
(3) SOLICI T AT I ON OF VI E WS.
-The Bureau of Justice Statis tics shall solicit views from repr esentatives of the following:
State departments of cor r ection; county and municipal jails; juvenile
correctional f acilities; former inmates; vict im advo cates; resear cher s;
and other experts in the area of sexual assault.
(4) SAMP L I NG T E CHNIQUES.
-T he review and analysis under
paragraph (1) shall be based on a random sample, or other
scientifically appropriate sample, of not less than 10 percent o f all
Feder al, State, and county prisons, and a representative sample of
municipal prisons. T he selection shall include at least one prison
from each State. T he selection of f acilities f or sampling shall be
made at the latest practicable date prior to cond ucting 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

(a)

117 STAT.
976

Confidentiality.

PUBLIC LAW 108-79-SEPT. 4, 2003
year shaH not preclude its selection for sampling in any subsequent
year.
(5) SURVEYS.-In carrying out the review and analysis under
paragraph (1), the Bureau shaH, 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 shaH 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.0) ESTABLlSHMENT._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 shaH 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 shaH 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 shaH be
to coHect 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 shaH 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

PUBL I C LAW lOB -79-SEPT. 4,2003

117 STAT. 977

such victims, and other appropriate individuals and
organizations.
(C) SUBPOENAS.(i) ISSUANCE -.T he Panel may issue subpoenas for the
attendan ce of witnesses and the production of writ ten 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 GE NE RAL-Not
.
later than June 30 of each year, Deadline. 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). CONT E NTS.-T he 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 representa tive
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 estab lished statistical
methods to adj ust 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 dif ferences may include the mission,
security level, size, and juris diction under which the prison operates.
For each such adjust ment made, the Attorney General shall identif y
and explain such adjustment in the report.
(4) CAT E GORI Z AT I ON 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 simil ar
institutions.
(d) CONT RACTS 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 entitythe Attorney
General deems appropriate.

117 STAT.
978

PUBLIC LAW 108-79-SEPT. 4, 2003
(e) AUTHORIZATION OF APPROPRIATIONS.-There are
authorized to be appropriated $15,000,000 for each of fiscal years 2004
through 2010 to carry out this section.

42

use 15604.

Establishment.

Deadline.

42

use 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;

PUBL I C LAW 108-79-S E P T . 4,2003

117 ST AT . 979

(B) developing and utilizing analyses of prison popu lations 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 (includin g 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 appropriat e
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. - T he amount of a grant under this section may no t exceed
$1,000,000.
(3) MAT CHING.-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) APPLICAT I ONS.
(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 accom panied by such information as the Att orney General
may require.
(2) CONT E NTS.-E ach 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
(ij) will consider adopting all national prison rape standards that are
promulgated under this Act after such date; .. (B) specify with
particularity the preventative, prosecu torial, 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)(1) review the extent of the budgetary cir cumstances affecting the
State generally and describe how those circumstances relate to the
State's prisons;

117 STAT. 980

Deadline.

42 use 15606.

President.

PUBLIC LAW 108-79-SEPT. 4, 2003

(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).
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

PUBL I C L AW 108-79-S E P T . 4, 2003

117 STAT . 981

( E ) 1 member appointed by the minority leader of the Senate
(in addition to any appointment made under subparagraph (D».
(2) PERSONS ELIGIBL E
-E. ach member of the Commission shall
be an individual who has knowledge or expertise in mat ters to be
studied by the Commission.
(3) CONSUL T AT I ON RE QUIRED.
-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 ofthe 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) T E RM.-E ach member shall be appointed for the life of the
Commission.
(5) T I ME FOR INITIAL APPOINTMENTs.
-T he appointment of Deadline.
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 Deadline. filled in
the mann er 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) OPERAT I ON.(1) CHAIRPERSON.-Not later than 15 days after appoint- Deadline. ments
of all the members are made , the Pr~sident shall appoint President. a chairperson
for the Commission from among its members.
(2) ME E T I NGS.
-T he Commission shall meet at the call
of the chairperson. T he initial meeting of the Cl;>mmission shall Deadline. 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 Commis sion
shall constitute a quorum to conduct business, but the Commission may
establish a lesser quorum for conducting hearings schedule d by the
Commission.
(4) RULES.-T he 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 PR
ISON RAPE .(1) IN GENERAL-T
. he Commission shall carry out a com prehensive 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) MAT T E RS INCL UDE D.
-T he 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;

117 STAT.
982

Deadline.

PUBLIC LAW 108-79-SEPT. 4,2003
(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 HI V;
(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,0) 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;

PUBL I C LAW 108-79-S E P T . 4, 2003

117 STAT. 983

(iii) recommended protocols for preserving evidence
and treating victims of prison r ape; and
(iv) a summary of the materials r elied on by the
Commission in the pr eparation of the report.
(e) RE COMMENDATIONS.( 1) I N GENERAL.-I n conjunction with the r eport 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, pr evention, reduction, and punishment of prison r ape.
( 2) MATTERS INCLUDED.-T he information provided
under par agr aph ( 1) shall include r ecommended national
standards relating to - (A) the classification and assignment of prisoner s, using
proven standardized instruments and protocols, in a manner
that limits the occur r ence of prison rape;
(B) the investigation and r esolution of r ape complaints
by r esponsible prison authorities, local and State police, and
Feder al and State prosecution authorities;
(C) the preservation of physical and testimonial evi dence f or use in an investigation of the ci rcumstances
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 r ape victim; and
(ii) the manner. and extent· of any psychological
examination, psychiatric car e, medication, and mental
health counseling to be provided to any r ape victim; (E)
ref er r als f or long-term continuity of car e f or r ape
victims;
(F) educational and medical testing measures for
reducing the in cidence of HIV transmission due to prison
rape;
(G) post-rape prophylactic medical measur es f or r educing the
incidence of transmission of sexual diseases; (H) the tr aining
of correctional staff sufficient to ensure that they under stand
and appr eciate the significance of prison r ape and the
necessity of its·er adication;
( 1) the timely and comprehensive investigation of staf f
sexual misconduct involving r ape or other sexual assault on
inmates;
(J)ensuring the confidentiality of prison r ape com plaints
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, pr otect inmates who make prison r ape com plaints f r om retaliation, and assur e the impartial resolution of
prison r ape complaints;
(L)data collection and reporting of.
(i) prison rape;
(ii) prison staf f sexual misconduct; and
(ill) the resolution of prison rape complaints by
prison officials and Feder al, State, and lo cal investiga tion and prosecution authorities; and

.-......./.

117 ST AT .
984

PUBL I C LAW 108-79-SEPT. 4, 2003

( M) such other matters as may r easonably be related to the detection,
prevention, reduction, and punishment
of prison rape.
( 3) L I MI T AT I ON.
-T he Commission shall not propose a r ec ommended standard that would impose substantial additional costs compar ed to the
costs pr esently expended by Federal, State, and local prison authorities.
( DCONSULTATION WITH ACCREDITATION ORGANIZAT I ONs.-I n
developing recommended national standar ds f or enhancing the detection, pr evention,
reduction, and punishment of prison rape, the Commission shall consider any standar ds
that have alr eady been developed, or ar e being developed simultaneously to
the delib er ations of the Commission. T he Commission shall consult with accr editation
organizations responsible f or the accr editation of Fed er al, State, local or private prisons,
that have developed or ar e currently developing standar ds r elated to prison r ape. T he
Commis sion will also consult with national associations representing the corr ections
profession that have developed or are currently devel oping standards related to prison
rape.
( g) HEARINGS.( 1) IN GENERAL-T
. he Commission shall hold publi c
hearings. T he Commission may hold such hearings, sit and act at such times and
places, take such testimony, and r eceive 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 ar e paid to witnesses under
section 1821 of title 28, United States Code. T he per diem and mileage allowances for
witnesses shall be paid from funds appropriated to the Commission.
( h) INFORMAT I ON FROM F E DE RAL OR S T AT E AGENCI E s.-The Commission
may secur e directly from any Federal department or agency such information as the
Commission considers necessar y to carr y out its duties under this section. T he
Commission may request the hea d of any State or local department or agency to furnish
such information to the Commission.
(i) PERSONNE L MAT T E RS.
( 1) T RAVE L E XP E NS E-T
s. he members of the Commission
shall be allowed travel expenses, including per diem in lieu of subsistence, at r at
es
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
per f ormance of ser vice for the Commission.
( 2) DE T AI L OF FEDERAL E MP L OYE E-With
S.
the affirmative vote of 2/3 of
the Commission, any Feder al· 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 ser vice
status, benefits, or privileges.
( 3) PROCURE MENT OF TEMPORARY AND I N T E RMI T T E NT S E RV
I CE s.Upon the r equest of the Commission, the Attorney Gen eral shall provide reasonable
and appropriate office space, sup plies, and administr ative assist ance.
(j) CONT RACTS FOR RE S E ARCH. ( 1) NAT I ONAL INSTITUTE OF JUS T I CE
-With
. a o/s affirmative
vote, the Commission may select nongovernmental researchers and experts to assist
the Commission in car r ying out its duties

PUBLIC LAW 108-79-SEPT. 4, 2003

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% 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

Deadlines.
42 USC
15607.

117 STAT. 986

Deadline.

Procedures.

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
fgrant program is covered by this subsection if, and only i
(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.

PUBLIC LAW 108-79-SEPT. 4, 2003

117 STAT.
987

(B
) REQUIREMENT FOR COOPERATION.-The first
grants to which paragraph (4) applies are grants for the fiscal
year beginning after the date of the enactment of this Act.
SEC. 9. REQUIREMENT THAT ACCREDITATION ORGANIZATIONS 42 use 15608.
ADOPT ACCREDITATION STANDARDS.
(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 grant~, Deadlines. 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 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 crimiJ:!.al charges;

j

(B
)

persons committed to confinement after adjudication of criminal

or
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.

PUBPULIC LAW 108-79-SEPT. 4, 2003
117 STAT. 988
(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 jailor 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 ofthe body of another person.
(1
1
)
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

PUBLIC LAW 108-79-SEPT. 4, 2003

117 STAT. 989

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

LEGISLATIVE HISTORY-S. 1435:
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 21, considered and passed Senate. July 25, considered and
passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Sept. 4, Presidential statement.

o

Attachment C: ACASI Survey – Combined Version

National Inmate Survey: Year 4

National Inmate Survey: Year 4
With 6/28/22 Revisions

Intro
Question ID:

INTERVIEW_LANGUAGE

LANGUAGE OF INTERVIEW

Question ID:

1

English

2

Spanish

INTRO1

INTERVIEWER: IF RESPONDENT ASKS ANY QUESTIONS ABOUT OMB APPROVAL FOR THIS
STUDY, YOU MAY READ THE INFORMATION BELOW. OTHERWISE PRESS 1 AND ENTER TO GO
TO THE NEXT SCREEN.
Notice: Public reporting for this collection of information is estimated to average 35 minutes
per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the Director, Bureau
of Justice Statistics, 810 Seventh Street, NW, Washington, DC 20531. An agency may not
conduct or sponsor, and a person is not required to respond to a collection of information unless
it displays a currently valid OMB control number. The OMB control number for this project is
XXXX-xxxx.
Question ID:

I3

IS THIS INMATE BEING OFFERED AN INCENTIVE?
1

YES

2

NO

PROGRAM NOTES: Show this question ONLY IF FRTS value shows that the facility allows an
incentive. If the facility does not allow an incentive, then DO NOT DISPLAY I3 - fill in I3 value as
'missing'.

NIS-4 Jails Survey
Westat

1

July 15, 2022

National Inmate Survey: Year 4

CAPI DEMOGRAPHICS (A)
Question ID:

A2

In what year were you born?
4-DIGIT YEAR: __________
DK/REF
Box ID:

PB_A1

DEFINE TEMPAGE:
TEMPAGE = AGE CALCULATED BY SUBTRACTING A2 YEAR FROM CURRENT YEAR.
IF A2 NE (DK OR RF), CONTINUE TO A3, ELSE GO TO PB_A2
Question ID:

A3

Are you TEMPAGE - 1 or TEMPAGE?
1

TEMPAGE - 1

2

TEMPAGE
DK/REF

Box ID:

PB_A2

UPDATE RESPAGE:
IF A3 = 1 THEN RESPAGE = TEMPAGE - 1
ELSE IF A3=2, THEN RESPAGE = TEMPAGE
ELSE RESPAGE= BLANK
IF (A2=DK OR RF) OR A3=DK OR RF, CONTINUE TO A4, ELSE GO TO PB_A3
Question ID:

A4

How old are you?
AGE: __________
DK/REF
Box ID:

PB_A3

UPDATE RESPAGE:
IF A4 NE BLANK OR DK OR REF THEN RESPAGE = A4
IF A4 = DK OR RF THEN RESPAGE = ROSTER_AGE
IF (RESPAGE < 18 AND FacCons1617 = 2 (NO)) OR (RESPAGE < 16) CONTINUE TO A4A, ELSE
GO TO B1.
NIS-4 Jails Survey
Westat

2

July 15, 2022

National Inmate Survey: Year 4

Question ID:

A4a

Thank you for your willingness to participate, but we cannot interview anyone who is younger
than [16 / 18] for this study.
PRESS 1 AND ENTER TO END INTERVIEW AND ALERT CORRECTION OFFICER THAT INMATE IS
FINISHED.
[IF RESPAGE < 16] DISPLAY ABOVE, FILL = "16"
[IF RESPAGE < 18 AND FacCons1617 = 2 (NO)] DISPLAY ABOVE, FILL = "18"
PROGRAM NOTES: Note to Programmers: Route these cases to M20. Apply status code 829 for
"Inmate under age"
Question ID:

B1

How old were you the first time you were arrested or taken into custody for any offense?
AGE: __________
DK/REF
NOTES: [RANGE: 6 - RESPAGE]
Question ID:

A5

When were you admitted to this facility?
Question ID:

A5a

2-DIGIT MONTH: _______
DK/REF
Question ID:

A5b

2-DIGIT DAY: __________
DK/REF
Question ID:

A5c

4-DIGIT YEAR: _________
DK/REF
Box ID:

PB_A3a

IF A5a = DK/REF AND A5c NE DK OR REF CONTINUE TO A6, ELSE GO TO PB_A4

NIS-4 Jails Survey
Westat

3

July 15, 2022

National Inmate Survey: Year 4

Question ID:

A6

What time of year was it? Was it winter, spring, summer, or fall when you were admitted to this
facility?
1

WINTER

2

SPRING

3

SUMMER

4

FALL
DK/REF

Box ID:

PB_A4

DEFINE CALCTIME:
IF A6 NE Null AND A5b = DK/RF, then DOA =
•
If A6 = Winter, then DOA = FEB 1st + A5c
•
IF A6 = Spring, then DOA = MAY 1st + A5c
•
IF A6 = Summer, then DOA = AUG 1st + A5c
•
IF A6 = Fall, then DOA = NOV 1st + A5c
IF A6 NE Null AND A5b NE DK/RF, then DOA =
•
If A6 = Winter, then DOA = FEB + A5b + A5c
•
IF A6 = Spring, then DOA = MAY + A5b + A5c
•
IF A6 = Summer, then DOA = AUG + A5b + A5c
•
IF A6 = Fall, then DOA = NOV + A5b + A5c
DISPLAY: IF CALCTIME >1 year DISPLAY: "That means you have been here for about
[CALCTIME] years."
IF CALCTIME =1 year DISPLAY: "That means you have been here for about [CALCTIME] year."
IF CALCTIME <1 year AND >= 2 months DISPLAY: "That means you have been here for about
[CALCTIME] months."
IF CALCTIME < 2 months DISPLAY: "That means you have been here for about [CALCTIME]
days."
IF CALCTIME = 1 day DISPLAY: "That means you have been here for about [CALCTIME] day."
CALCTIME = CALCULATED BY "SUBTRACTING" DATE OF INCARCERATION FROM DATE OF
INTERVIEW AND THEN ROUNDING. (less than 2 months report as days; 2 - 11 months, report
as months (round down); 12 months or more round to nearest year)
IF ROSTER_DOA = EMPTY, JUMP TO A8
DEFINE DOAFILL1:
If facility admission date is at least 12 months ago then DOAFILL1 = During the past 12 months
If facility admission date is less than 12 months ago then DOAFILL1 = Since you arrived at this
facility
DEFINE DOAFILL2:
If facility admission date is at least 12 months ago then DOAFILL2 = during the past 12 months
If facility admission date is less than 12 months ago then DOAFILL2 = since you arrived at this
facility
IF CALCTIME NE 0 DAYS CONTINUE TO A7, ELSE GO TO PB_A4a

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Question ID:

A7

That means you have been here for about [CALCTIME]. Is that correct?

Box ID:

1

YES

2

NO

PB_A4a

IF( A5a OR A5b OR A5c=DK OR RF) OR CALCTIME=0 DAYS OR A7=2 CONTINUE TO A8, ELSE
GO TO PB_A5
Question ID:

A8

How long have you been in this facility?
INTERVIEWER: PROBE THOROUGHLY TO AVOID A DK OR REFUSE RESPONSE IF AT ALL
POSSIBLE.
1

LESS THAN 1 WEEK

2

AT LEAST 1 WEEK BUT LESS THAN 1 MONTH

3

AT LEAST 1 MONTH BUT LESS THAN 2 MONTHS

4

AT LEAST 2 MONTHS BUT LESS THAN 6 MONTHS

5

AT LEAST 6 MONTHS BUT LESS THAN 1 YEAR

6

AT LEAST 1 YEAR BUT LESS THAN 5 YEARS

7

AT LEAST 5 YEARS BUT LESS THAN 10 YEARS

8

10 YEARS OR MORE
DK/REF

Box ID:

PB_A5

UPDATE DOAFILL1:
IF A8 = 1 - 5 THEN DOAFILL1 = Since you arrived at this facility
IF A8 = 6 - 8 , THEN DOAFILL1 = During the past 12 months
IF DK OR REF AND ROSTER_DOA NE EMPTY, THEN DETERMINE DOAFILL1 BASED ON
ROSTER_DOA
IF ROSTER_DOA = EMPTY THEN DOAFILL1 = During the past 12 months
UPDATE DOAFILL2:
IF A8 = 1 - 5 THEN DOAFILL2 = since you arrived at this facility
IF A8 = 6 - 8, THEN DOAFILL2 = during the past 12 months
IF DK OR REF AND ROSTER_DOA NE EMPTY, THEN DETERMINE DOAFILL2 BASED ON
ROSTER_DOA
IF ROSTER_DOA = EMPTY, THEN DOAFILL2 = during the past 12 months
RANDOMIZATION: PROGRAMMER, PLEASE IMPLEMENT RANDOMIZING ROUTINE 95/5.

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Question ID:

A9a

Did you spend last night in disciplinary or administrative segregation, or solitary confinement?

Question ID:

1

YES

GO TO A9b

2

NO

GO TO A9c

--

DK/REF

GO TO A9c

A9b

How many days have you been in disciplinary or administrative segregation, or solitary
confinement?
1

1 day or less

2

More than 1 day but less than 7 days

3

At least 7 days but less than 14 days

4

At least 14 days but less than 30 days

5

30 days or more
DK/REF

Question ID:

A9c

Which of the following best describes the [housing unit /housing unit in disciplinary or
administrative segregation, or solitary confinement] where you spent last night?

IF A9a=2 OR DK OR RF, DISPLAY FILL= "housing unit"
IF A9a=1, DISPLAY FILL= "housing unit in disciplinary or administrative segregation, or solitary
confinement"
1

An open dorm

2

A dorm with cubicles

3

A unit with cells

4

A unit with rooms

5

An area not originally intended as housing, such
as a gym, classroom, or day room

6

NONE OF THESE
DK/REF

Question ID:

A10

How tall are you?
Feet: __________
Inches: __________
DK/REF

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TUTORIAL (C)
Question ID:

C1

Thanks for agreeing to participate in the survey! Before we begin, we want to show you how to
use this computer. The computer will ask a series of questions. You answer each question by
touching your answer on the screen. After you answer a question, you move on by touching the
NEXT button in the lower right hand corner of the screen. Try touching that button now to move
on.
Question ID:

C2

Here is an example of a question that allows for only one answer.
Do you like ice cream?
Try pressing YES now to enter an answer.
1

Yes

2

No
DK
RF

Question ID:

C3

If you want to change your answer, you can touch the ERASE button located under the list of
answer choices and enter your answer again. Touch the ERASE button and enter your answer
again.
Do you like ice cream?
1

Yes

2

No
DK
RF

Question ID:

C4

Sometimes you will be asked a question with a number answer.
For example, how many meals have you eaten today?
The screen will display a number pad. Touch the numbers to answer the question and that
number will appear in the answer box.
Number pad
DK
RF

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Question ID:

C5

If you want to skip a question, touch the NEXT button without answering the question. The
computer will say you didn't answer the question and will ask you why you didn't answer. Try
touching the NEXT button now, without answering the question below to see how this works.
Do you like ice cream?
WHEN INMATE PRESSES "NEXT" BUTTON SHOW THE DK/REF SCREEN THAT ASKS INMATE TO
CONFIRM IF THE SKIP WAS INTENTIONAL:
You did not answer the previous question. Please select...
I really meant to answer.
I'd rather not answer.
I don't know the answer.
1

Yes

2

No
DK
RF

Question ID:

C6

Sometimes, you will be asked to answer "Yes" or "No" to several questions that appear one after
another on the same screen. After you answer one question, another question will appear on
the screen.
To answer each question, touch the "Yes" or "No" button next to each question. If you want to
skip a question, touch the NEXT button that appears at the bottom of the screen. When you get
to the end of the screen, you will be asked to press the NEXT button.
To see how this works, answer the first question below and then you'll see how the next
questions appear on the screen.
Box ID:

PB_C7

DISPLAY items C7a, C7b, and C7c on the same screen
DISPLAY ALL ITEMS ON SAME SCREEN BUT ONE ITEM AT A TIME.
Question ID:

C7a

Has a doctor or other health care provider ever told you that you are allergic to pollen?
1

Yes

2

No
DK
RF

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Question ID:

C7b

Has a doctor or other health care provider ever told you that you are allergic to dust?
1

Yes

2

No
DK
RF

Question ID:

C7c

Has a doctor or other health care provider ever told you that you are allergic to mold?
1

Yes

2

No
DK
RF

Question ID:

C8

Some questions will appear in a grid format that allows you to select only one answer per row.
For example:
Box ID:

PB_C9

DISPLAY C8, stem question C9, and items C9a, C9b, C9c, C9d on the same screen
DISPLAY ALL ITEMS ON SAME SCREEN IN A GRID FORMAT.
Question ID:

C9

To what extent do you agree or disagree with the following statements. Please select one
answer in each row.
Question ID:

C9a

I like cold weather
1

Strongly Agree

2

Agree

3

Neither agree nor disagree

4

Disagree

5

Strongly disagree
DK
RF

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Question ID:

C9b

I like hot weather
1

Strongly Agree

2

Agree

3

Neither agree nor disagree

4

Disagree

5

Strongly disagree
DK
RF

Question ID:

C9c

I like dogs
1

Strongly Agree

2

Agree

3

Neither agree nor disagree

4

Disagree

5

Strongly disagree
DK
RF

Question ID:

C9d

I like cats
1

Strongly Agree

2

Agree

3

Neither agree nor disagree

4

Disagree

5

Strongly disagree
DK
RF

Question ID:

C10

You do not have to wait for the computer to read all the answers before selecting your answer.
Once you touch the screen, the computer will stop reading.
Question ID:

C11

To hear a question again, touch the question on the screen once the computer has stopped
reading.
For example, to hear this instruction again, touch any of the words on this screen.

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Question ID:

C12

To go back to a previous question, touch the BACK button in the lower left hand corner of the
screen. You use the BACK button if you want to go back and change or look at your answer to
an earlier question.
Question ID:

C13

If there is anything that you do not understand, if you need to stop the interview or if you have
any problems during the interview, please raise your hand and ask the monitor to help you.
You have finished answering the practice questions and are ready to start the actual survey.
Touch the NEXT button to begin.

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ACASI DEMOGRAPHICS (A)
Question ID:

A11

Are you of Hispanic, Latino, or Spanish origin?
1

Yes

2

No
DK/REF

Question ID:

A13

Which of these categories describes your race?
You may answer yes to one or more of these categories.
items A13a-A13e should be displayed on the same screen as much as space allows
Question ID:

A13a

White?
1

Yes

2

No
DK/RF

Question ID:

A13b

Black or African American?
1

Yes

2

No
DK/RF

Question ID:

A13c

American Indian or Alaska Native?
1

Yes

2

No
DK/RF

Question ID:

A13d

Asian?
1

Yes

2

No
DK/RF

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Question ID:

A13e

Native Hawaiian or other Pacific Islander?
1

Yes

2

No
DK/RF

Question ID:

A16

How much do you currently weigh in pounds?
CURRENT WEIGHT: __________
DK/REF
NOTES: [RANGE: 50 - 700]
Question ID:

A17

Did you graduate from high school?
1

Yes

GO TO A18

2

No

GO TO A19

DK/REF
Question ID:

A18

Did you receive a high school diploma or a GED for finishing high school?

Question ID:

1

A high school Diploma

GO TO PB_A7

2

A GED

GO TO PB_A7

DK/REF

GO TO PB_A7

A19

Did you receive a GED?
1

Yes

2

No
DK/REF

Box ID:

PB_A7

IF A17=1 OR A19=1, CONTINUE TO A20, ELSE GO TO PB_A8

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Question ID:

A20

What is the highest level of school you have completed?
1

High school or GED

2

Some college but you did not receive a degree

3

Associate Degree

4

Bachelor's Degree

5

An advanced degree such as a Master's, MBA, or
PhD
DK/REF

Box ID:

PB_A8

IF A17=2 AND A19=2, CONTINUE TO A21, ELSE GO TO V1
Question ID:

A21

Did you attend high school?
1

Yes

2

No
DK/REF

Question ID:

V1

Have you ever served in the United States Armed Forces?
1

Yes

2

No

GO TO V4

DK/REF
Question ID:

V4

Are you currently serving in the United States Armed Forces?
1

Yes

2

No

GO TO V8

DK/REF

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Question ID:

V8

What type of discharge did you receive from the United States Armed Forces?
1

Honorable

2

General under honorable conditions

3

Other than honorable

4

Bad conduct

5

Dishonorable

6

Some other type of discharge
DK/REF

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CRIMINAL HISTORY (B)
Question ID:

B0

These next questions are about your experience with crime and the criminal justice system.
Touch the NEXT button to go to the next screen.
Question ID:

B2

Altogether, how many times have you been arrested or taken into custody for any offense?
1

One time

2

2-3 times

3

4-10 times

4

11 times or more
DK/REF

Question ID:

B3

Before you were admitted to this facility, had you ever spent time as an adult or juvenile in a
prison, jail, or other correctional facility?
1

Yes

2

No
DK/REF

Question ID:

B4

Are you currently in this facility because you have been sentenced to serve time for an offense?
1

Yes

2

No
DK/REF

Box ID:

PB_B1

IF B4=2 Or DK OR RF, CONTINUE TO B5 THROUGH B10, B28, B12, B11, AND B13, ELSE SKIP
TO PB_B2
Question ID:

B5

Are you currently being held in this facility for a property offense? Property offenses include
crimes like burglary, larceny, theft, auto theft, bad checks, fraud, forgery, arson, or possession
of stolen goods.
1

Yes

2

No
DK/REF

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Question ID:

B6

Are you currently being held in this facility for a drug offense? Drug offenses include crimes
like possessing, selling, trafficking, importing, smuggling, or manufacturing illegal drugs or drug
paraphernalia.
1

Yes

2

No
DK/REF

Question ID:

B7

Are you currently being held in this facility for a violent offense? Violent offenses include
crimes like physical or sexual assault, rape, robbery, manslaughter, murder, attempted murder,
or kidnapping.
1

Yes

2

No
DK/REF

Question ID:

B8

Are you currently being held in this facility for other crimes against people? Other crimes
against people include crimes like vehicular homicide, hit and run, reckless endangerment, child
neglect, harassment, or stalking.
1

Yes

2

No
DK/REF

Question ID:

B9

Are you currently being held in this facility for a sexual offense? Sexual offenses include
crimes like rape, statutory rape, sexual assault, child molestation, pornography, incest, or
indecent exposure.
1

Yes

2

No
DK/REF

Question ID:

B10

Are you currently being held in this facility for a probation, parole, or community supervision
violation?
1

Yes

2

No
DK/REF

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Question ID:

B28

Are you currently being held in this facility for a weapons offense? Weapons offenses include
things like possessing an illegal or stolen weapon, illegally discharging a firearm, using a
weapon during the commission of a crime, or violating probation, parole, or community
supervision by possessing a firearm.
1

Yes

2

No
DK/REF

Question ID:

B12

Are you currently being held in this facility for driving under the influence or driving while
intoxicated?
1

Yes

2

No
DK/REF

Question ID:

B11

Are you currently being held in this facility for a procedural violation? Procedural violations
include things like failure to appear in court, violating a restraining order, failure to obey a lawful
order of a police officer, contempt, escape, resisting arrest without violence, or a regulatory or
tax offense.
1

Yes

2

No
DK/REF

Question ID:

B13

Are you currently being held in this facility for some other offense? Other offenses include
crimes like loitering, prostitution, gambling, drunkenness, disorderly conduct, trespassing, minor
traffic violations, or immigration violations.
1

Yes

2

No
DK/REF

Box ID:

PB_B2

IF B4=1, CONTINUE TO B14 THROUGH B19, B29, B21, B20, AND B22, ELSE SKIP TO PB_B3

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Question ID:

B14

Are you currently serving time in this facility for a property offense? Property offenses include
crimes like burglary, larceny, theft, auto theft, bad checks, fraud, forgery, arson, or possession
of stolen goods.
1

Yes

2

No
DK/REF

Question ID:

B15

Are you currently serving time in this facility for a drug offense? Drug offenses include crimes
like possessing, selling, trafficking, importing, smuggling, or manufacturing illegal drugs or drug
paraphernalia.
1

Yes

2

No
DK/REF

Question ID:

B16

Are you currently serving time in this facility for a violent offense? Violent offenses include
crimes like physical or sexual assault, rape, robbery, manslaughter, murder, attempted murder,
or kidnapping.
1

Yes

2

No
DK/REF

Question ID:

B17

Are you currently serving time in this facility for other crimes against people? Other crimes
against people include crimes like vehicular homicide, hit and run, reckless endangerment, child
neglect, harassment, or stalking.
1

Yes

2

No
DK/REF

Question ID:

B18

Are you currently serving time in this facility for a sexual offense? Sexual offenses include
crimes like rape, statutory rape, sexual assault, child molestation, pornography, incest, or
indecent exposure.
1

Yes

2

No
DK/REF

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Question ID:

B19

Are you currently serving time in this facility for a probation, parole, or community supervision
violation?
1

Yes

2

No
DK/REF

Question ID:

B29

Are you currently serving time in this facility for a weapons offense? Weapons offenses include
things like possessing an illegal or stolen weapon, illegally discharging a firearm, using a
weapon during the commission of a crime, or violating probation, parole, or community
supervision by possessing a firearm.
1

Yes

2

No
DK/REF

Question ID:

B21

Are you currently serving time in this facility for driving under the influence or driving while
intoxicated?
1

Yes

2

No
DK/REF

Question ID:

B20

Are you currently serving time in this facility for a procedural violation? Procedural violations
include things like failure to appear in court, violating a restraining order, failure to obey a lawful
order of a police officer, contempt, escape, resisting arrest without violence, or a regulatory or
tax offense.
1

Yes

2

No
DK/REF

Question ID:

B22

Are you currently serving time in this facility for some other offense? Other offenses include
crimes like loitering, prostitution, gambling, drunkenness, disorderly conduct, trespassing, minor
traffic violations, or immigration violations.
1

Yes

2

No
DK/REF

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Box ID:

PB_B3

IF B4=1 OR DK OR RF, CONTINUE TO B25, ELSE GO TO SECTION D
Question ID:

B25

What is your total maximum sentence length for all of the sentences you are serving?
1

Less than 30 days

2

At least 30 days but less than 6 months

3

At least 6 months but less than 1 year

4

At least 1 year but less than 5 years

5

5 years or more
DK/REF

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SEXUAL IDENTITY AND PRE-INCARCERATION
INFORMATION (D)
Question ID:

D1

Are you currently married, widowed, divorced or separated, or have you never married?
1

Married

2

Widowed

3

Divorced

4

Separated (for reasons other than incarceration)

5

Never married
DK/REF

Question ID:

D2

Which of the following best represents how you think of yourself?
IF A13c=1, DISPLAY response option: "Two-Spirit"
1

Lesbian or gay

2

Straight; that is, not lesbian or gay

3

Bisexual; that is, you are sexually attracted to
both men and women

4

Two-Spirit

95
-Box ID:

Something else
DK/REF

PB_Da

DEFINE SexualOrientationFill:
IF D2=1, then SexualOrientationFill = "lesbian or gay"
IF D2=3, then SexualOrientationFill = "bisexual"
IF D2 = 4, then SexualOrientationFill = "Two-Spirit"
ELSE SexualOrientationFill = BLANK
Question ID:

D3a

What sex were you assigned at birth, on your original birth certificate?
1

Male

2

Female
DK/REF

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Question ID:

D3b

Do you currently think of yourself as...?
IF A13c=1 DISPLAY response option: "Two-Spirit"
1

Male

2

Female

3

Transgender

4

Two-Spirit

95
-Box ID:

None of these
DK/REF

PB_D1

DEFINE CURRSEX
IF D3b=1 THEN CURRSEX FILL= "describe yourself as male"
IF D3b=2 THEN CURRSEX FILL= "describe yourself as female"
IF D3b=3 THEN CURRSEX FILL= "describe yourself as transgender"
IF D3b = 4 THEN CURRSEX FILL = "describe yourself as Two-Spirit"
IF D3b = 95 AND A13c NE 1 THEN CURRSEX FILL = "do not describe yourself as male, female,
or transgender"
IF D3b = 95 AND A13c = 1 THEN CURRSEX FILL = "do not describe yourself as male, female,
Two-Spirit, or transgender"
DEFINE BIRTHSEX
IF D3a=1 THEN BIRTHSEX= "male"
IF D3a=2 THEN BIRTHSEX= "female"
ELSE, BIRTHSEX = BLANK
[IF (D3a = 1 AND D3b = 2 OR 3 OR 4 OR 95) OR (D3a = 2 AND D3b = 1 OR 3 OR 4 OR
95) CONTINUE TO D3c, ELSE SKIP TO PB_D1c.
Question ID:

D3c

Just to confirm what you entered, you were assigned [BIRTHSEX] on your original birth
certificate and now you [CURRSEX FILL]. Is that correct?
1

Yes

2

No

--

DK/REF

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Box ID:

PB_D1a

IF D3c=2 CONTINUE TO D3d, ELSE GO TO PB_D1b

Question ID:

D3d

Please answer this question again: What sex was recorded on your original birth certificate?

Box ID:

1

Male

2

Female

--

DK/REF

PB_D1b

IF D3c=2 CONTINUE TO D3e, ELSE GO TO PB_D1c
Question ID:

D3e

Please answer this question again: Do you currently think of yourself as [male, female, TwoSpirit, or transgender/male, female, or transgender]?
IF A13c=1 DISPLAY response option: "Two-Spirit"
IF D3c = 2 AND A13c = 1 DISPLAY fill = "male, female, Two-Spirit, or transgender"
IF D3c = 2 AND A13c NE 1 DISPLAY fill = "male, female, or transgender"
1

Male

2

Female

3

Transgender

4

Two-Spirit

95
-Box ID:

None of these
DK/REF

PB_D1c

UPDATE GENDER
IF (D3c = 1 OR DK OR REF) OR (D3d = 1 AND D3e = 2 OR 3 OR 4 OR 95) OR (D3d = 2 AND
D3e = 1 OR 3 OR 4 OR 95) THEN GENDER = 3
IF BIRTHSEX = BLANK AND (D3b = 3 OR 4), THEN GENDER = 3
IF (D3d = DK OR REF) AND (D3e = 3 OR 4), THEN GENDER = 3
IF RANDOM 5, SKIP TO FH_1, ELSE CONTINUE TO D6.

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Question ID:

D6

Before you entered this facility, had anyone ever physically forced you to have sex or sexual
contact - that is unwanted touching of the breasts, genitals, or butt, or vaginal, oral, or anal
sex?
1

Yes

2

No
DK/REF

Question ID:

D7

Before you entered this facility, had anyone ever pressured you or made you feel you had to
have sex or sexual contact - that is unwanted touching of the breasts, genitals, or butt, or
vaginal, oral, or anal sex?
1

Yes

2

No
DK/REF

Box ID:

PB_D2

DEFINE SEXTYPE1:
IF D6 = 1 AND D7 NE 1, SEXTYPE1 = "physically forced"
IF D6 NE 1 AND D7 =1, SEXTYPE1 = "pressured or made to feel that you had"
IF D6 = 1 AND D7 = 1, SEXTYPE1 = "physically forced, pressured, or made to feel that you had"
ELSE SEXTYPE1 = BLANK
IF D6=1 OR D7=1, CONTINUE TO D8, ELSE GO TO PB_D2a
Question ID:

D8

How many times were you [SEXTYPE1 FILL] to have sex or sexual contact before you entered
this facility?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Box ID:

PB_D2a

IF D8 NE 1 AND SEXTYPE1 NE BLANK AND RESPAGE=18 OR OLDER, CONTINUE TO D9, ELSE
GO TO PB_D2b.

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Question ID:

D9

Were you [SEXTYPE1 FILL] to have sex or sexual contact before you were 18 years old, after
you turned 18, or both?
1

Before you were 18

2

After you turned 18

3

Both
DK/REF

Box ID:

PB_D2b

IF D8=1 AND RESPAGE=18 OR OLDER, CONTINUE TO D10, ELSE GO TO PB_D2c
Question ID:

D10

Were you [SEXTYPE1 FILL] to have sex or sexual contact before you were 18 years old?
1

Yes

2

No
DK/REF

Box ID:

PB_D2c

IF (D6=1 OR D7=1) AND B3=1, CONTINUE TO D11, ELSE GO TO PB_D3
Question ID:

D11

Before you entered this facility, were you [SEXTYPE1 FILL] to have sex or sexual contact
while you were an adult or juvenile in a jail, prison, or other correctional facility?
1

Yes

2

No
DK/REF

Box ID:

PB_D3

IF RANDOM=95, SKIP TO D16, ELSE CONTINUE TO FH_1
Question ID:

FH_1

Is this the only facility you've been held in during your current incarceration?
1

Yes

2

No

GO TO FH_2

--

DK/REF

GO TO FH_2

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Question ID:

FH_2

During your current incarceration, how many jails have you been held in for at least one night,
including this one? Include all jails, even if in another county or state.
NUMBER OF JAILS: _________
DK/REF
PROGRAM NOTES: RANGE: 1 -15
Question ID:

D12

Now think about the 6 months before you were incarcerated.
During the 6 months before you were incarcerated, did you live for most of the time...
1

In your own house or apartment, meaning your
name was on the title, mortgage, or lease

2

In someone else's house or apartment, including
your parents' place

3

In a residential treatment facility

4

In a transitional housing facility or halfway house

5

In a shelter

6

On the street or you were homeless

7

In no set place or you moved around a lot

8

In some other place or situation
DK/REF

Question ID:

D13

Have you ever had a job working for pay?
1

Yes

2

No
DK/REF

Question ID:

D14

At any point during the 6 months before you were incarcerated, did you have a job where you
worked for pay?
1

Yes

2

No
DK/REF

Question ID:

D15

How did you support yourself during the 6 months before you were incarcerated?
items D15a-D15f should be displayed on the same screen as much as space allows
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Question ID:

D15a

A job?

Question ID:

1

Yes

2

No

--

DK/REF

D15b

Support from your family?

Question ID:

1

Yes

2

No

--

DK/REF

D15c

Support from your friends?

Question ID:

1

Yes

2

No

--

DK/REF

D15d

A government program or public assistance?

Question ID:

1

Yes

2

No

--

DK/REF

D15e

Illegal income?

Question ID:

1

Yes

2

No

--

DK/REF

D15f

Some other type of support?

1

Yes

2

No

--

DK/REF

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Question ID:

D16

[Still thinking about the 6 months before you were incarcerated, had anyone you/Now think
about the 6 months before you were incarcerated. Had anyone you] were living with at that
time ever been in jail, prison, or some other correctional institution?
IF RANDOM =5, DISPLAY, "Still thinking about the 6 months before you were incarcerated, had
anyone you..."
IF RANDOM =95, DISPLAY, "Now think about the 6 months before you were incarcerated. Had
anyone you.."
1

Yes

2

No
DK/REF

Question ID:

D17

At the time you became incarcerated, how many children under the age of 18 did you have?
Please count all children that you consider yourself to be a parent of.
CHILDREN: __________
DK/REF
NOTES: [RANGE 0 - 25]
Box ID:

PB_D3a

IF D17>0, CONTINUE TO D18, ELSE GO TO D19
Question ID:

D18

During the 6 months before you were incarcerated, how many of those [D17_FILL] children
lived with you?
--

CHILDREN: __________

RANGE 0 - 25

DK/REF
NOTES: [RANGE 0 - 25]
Question ID:

D19

Have any of your parents or guardians ever been incarcerated in a prison or jail?
1

Yes

GO TO D20

2

No

GO TO D21

--

DK/REF

GO TO D21

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Question ID:

D20

Are any of your parents or guardians currently incarcerated in a prison or jail?
1

Yes

2

No
DK/REF

Question ID:

D21

Have any of your brothers or sisters ever been incarcerated in a prison or jail?

Question ID:

1

Yes

GO TO D22

2

No

GO TO D23

3

I do not have any brothers or sisters

GO TO D23

--

DK/REF

GO TO D23

D22

Are any of your brothers or sisters currently incarcerated in a prison or jail?
1

Yes

2

No
DK/REF

Question ID:

D23

Think about the people you considered to be your closest friends before you were incarcerated.
Had any of those close friends ever been incarcerated in a prison or jail?

Question ID:

1

Yes

GO TO D24

2

No

GO TO PB_D4

--

DK/REF

GO TO PB_D4

D24

Are any of those close friends currently incarcerated in a prison or jail?
1

Yes

2

No
DK/REF

Box ID:

PB_D4

IF RANDOM =5 SKIP TO SECTION CE, ELSE CONTINUE TO SECTION E

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SEXUAL ACTIVITY WITH INMATES (E)
Question ID:

E1

These next questions are about both wanted and unwanted sex or sexual contact you have had
with other inmates in this facility DOAFILL2.
Touch the NEXT button to go to the next screen.
Question ID:

E2

DOAFILL1, have you been touched on your [butt, thighs, or penis/butt, thighs, breasts, or
vagina/butt, thighs, breasts, penis, or vagina] in a sexual way by another inmate?
IF GENDER=1, DISPLAY FILL= " butt, thighs, or penis"
IF GENDER=2, DISPLAY FILL= "butt, thighs, breasts, or vagina"
IF GENDER=3, DISPLAY FILL= "butt, thighs, breasts, penis, or vagina"
1

Yes

2

No
DK/REF

Box ID:

PB_Ea

IF GENDER=1 OR GENDER =3, CONTINUE TO E6, ELSE GO TO E8
Question ID:

E6

DOAFILL1, have you given or received a handjob? A 'handjob' is when someone's penis is
rubbed by somebody else.
1

Yes

2

No
DK/REF

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Question ID:

E8

DOAFILL1, have you given or received [oral sex or a blowjob? Oral sex is when one inmate
puts their mouth on the penis or butt of another inmate/oral sex? Oral sex is when one inmate
puts their mouth on the vagina or butt of another inmate/oral sex or a blowjob? Oral sex is
when one inmate puts their mouth on the penis, vagina, or butt of another inmate].
IF GENDER=1, DISPLAY FILL= "oral sex or a blowjob? Oral sex is when one inmate puts their
mouth on the penis or butt of another inmate"
IF GENDER =2, DISPLAY FILL = "oral sex? Oral sex is when one inmate puts their mouth on the
vagina or butt of another inmate"
IF GENDER =3, DISPLAY FILL = "oral sex or a blowjob? Oral sex is when one inmate puts their
mouth on the penis, vagina, or butt of another inmate"
1

Yes

2

No
DK/REF

Box ID:

PB_Eb

IF GENDER =2 or GENDER =3, CONTINUE TO E10, ELSE SKIP TO E12
Question ID:

E10

DOAFILL1, have you had vaginal sex? Vaginal sex is when one inmate inserts their [finger or
an object/finger, penis, or an object] into another inmate's vagina.
IF GENDER =2, DISPLAY FILL = "finger or an object"
IF GENDER =3, DISPLAY FILL = "finger, penis, or an object"
1

Yes

2

No
DK/REF

Question ID:

E12

DOAFILL1, have you had anal sex? Anal sex is when one inmate inserts their [finger, penis, or
an object/finger or an object] into another inmate's butt.
IF GENDER=1 OR GENDER=3, DISPLAY FILL= "finger, penis, or an object"
IF GENDER=2, DISPLAY FILL= "finger or an object"
1

Yes

2

No
DK/REF

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Question ID:

E14

DOAFILL1, have you had any type of sex or sexual contact with another inmate other than
sexual touching, [handjobs, oral sex or blowjobs, or anal sex/oral sex, vaginal sex, or anal
sex/handjobs, oral sex or blowjobs, vaginal sex, or anal sex]?
IF GENDER =1, DISPLAY FILL = "handjobs, oral sex or blowjobs, or anal sex"
IF GENDER=2, DISPLAY FILL = "oral sex, vaginal sex, or anal sex"
IF GENDER=3, DISPLAY FILL = "handjobs, oral sex or blowjobs, vaginal sex, or anal sex"
1

Yes

2

No
DK/REF

Box ID:

PB_Ebb

IF (GENDER=1 AND (E2=1 OR E6=1 OR E8=1 OR E12=1 OR E14=1)) OR (GENDER=2 AND
(E2=1 OR E8=1 OR E10=1 OR E12=1 OR E14=1) OR (GENDER=3 AND (E2 = 1 OR E6 = 1 OR
E8 = 1 OR E10 = 1 OR E12 = 1 OR E14 = 1)), CONTINUE TO E15, ELSE GO TO PB_Ec
Question ID:

E15

These next questions are only about unwanted sex or sexual contact.
Touch the NEXT button to go to the next screen.
Box ID:

PB_Ec

IF GENDER=1 AND E2=1, CONTINUE TO E16, ELSE GO TO PB_Ed
Question ID:

E16

DOAFILL1, did another inmate use physical force to touch your butt, thighs, or penis in a
sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_Ed

IF GENDER=1 AND E2=1, CONTINUE TO E17, ELSE GO TO PB_Ee

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Question ID:

E17

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to let them touch your butt, thighs, or penis in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_Ee

IF GENDER=2 AND E2=1, CONTINUE TO E18, ELSE GO TO PB_Ef
Question ID:

E18

DOAFILL1, did another inmate use physical force to touch your butt, thighs, breasts, or vagina
in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_Ef

IF GENDER=2 AND E2=1, CONTINUE TO E19, ELSE GO TO PB_Ef1
Question ID:

E19

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to let them touch your butt, thighs, breasts, or vagina in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_Ef1

IF GENDER=3 AND E2=1, CONTINUE TO E20, ELSE GO TO PB_Ef2

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Question ID:

E20

DOAFILL1, did another inmate use physical force to touch your butt, thighs, breast, penis, or
vagina in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_Ef2

IF GENDER=3 AND E2=1, CONTINUE TO E21, ELSE GO TO PB_Eg
Question ID:

E21

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to let them touch your butt, thighs, breasts, penis, or vagina in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_Eg

IF (GENDER=1 OR GENDER=3) AND E6=1, CONTINUE TO E22, ELSE GO TO PB_Eh
Question ID:

E22

DOAFILL1, did another inmate use physical force to make you give or receive a handjob?
1

Yes

2

No
DK/REF

Box ID:

PB_Eh

IF (GENDER=1 OR GENDER=3) AND E6=1, CONTINUE TO E23, ELSE GO TO PB_Ei
Question ID:

E23

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to give or receive a handjob?
1

Yes

2

No
DK/REF

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Box ID:

PB_Ei

IF GENDER=2 AND E8=1, CONTINUE TO E24, ELSE GO TO PB_Ej
Question ID:

E24

DOAFILL1, did another inmate use physical force to make you give or receive oral sex?
1

Yes

2

No
DK/REF

Box ID:

PB_Ej

IF GENDER=2 AND E8=1, CONTINUE TO E25, ELSE GO TO PB_Ek
Question ID:

E25

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to give or receive oral sex?
1

Yes

2

No
DK/REF

Box ID:

PB_Ek

IF GENDER=1 OR GENDER=3) AND E8=1, CONTINUE TO E26, ELSE GO TO PB_El
Question ID:

E26

DOAFILL1, did another inmate use physical force to make you give or receive oral sex or a
blowjob?
1

Yes

2

No
DK/REF

Box ID:

PB_El

IF (GENDER=1 OR GENDER=3) AND E8=1, CONTINUE TO E27, ELSE GO TO PB_Em

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Question ID:

E27

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to give or receive oral sex or a blowjob?
1

Yes

2

No
DK/REF

Box ID:

PB_Em

IF (GENDER=2 OR GENDER=3) AND E10=1, CONTINUE TO E28, ELSE GO TO PB_En
Question ID:

E28

DOAFILL1, did another inmate use physical force to make you have vaginal sex?
1

Yes

2

No
DK/REF

Box ID:

PB_En

IF (GENDER=2 or GENDER=3) AND E10=1, CONTINUE TO E29, ELSE GO TO PB_Eo
Question ID:

E29

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to have vaginal sex?
1

Yes

2

No
DK/REF

Box ID:

PB_Eo

IF E12=1, CONTINUE TO E32, ELSE GO TO PB_Ep
Question ID:

E32

DOAFILL1, did another inmate use physical force to make you have anal sex?
1

Yes

2

No
DK/REF

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Box ID:

PB_Ep

IF E12=1, CONTINUE TO E33, ELSE GO TO PB_Eq
Question ID:

E33

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to have anal sex?
1

Yes

2

No
DK/REF

Box ID:

PB_Eq

IF E14=1, CONTINUE TO E34, ELSE GO TO PB_Er
Question ID:

E34

DOAFILL1, did another inmate use physical force to make you have any type of sex or sexual
contact other than sexual touching, [handjobs, oral sex or blowjobs/oral sex, vaginal
sex/handjobs, oral sex or blowjobs, vaginal sex], or anal sex?
IF GENDER=1, DISPLAY FILL = "handjobs, oral sex or blowjobs"
IF GENDER =2, DISPLAY FILL= "oral sex, vaginal sex"
IF GENDER =3, DISPLAY FILL= "handjobs, oral sex or blowjobs, vaginal sex"
1

Yes

2

No
DK/REF

Box ID:

PB_Er

IF E14=1, CONTINUE TO E35, ELSE GO TO PB_E1

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Question ID:

E35

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to have any type of sex or sexual contact other than sexual touching, [handjobs,
oral sex or blowjobs/oral sex, vaginal sex/handjobs, oral sex or blowjobs, vaginal sex], or anal
sex?
IF GENDER=1, DISPLAY FILL = "handjobs, oral sex or blowjobs"
IF GENDER =2, DISPLAY FILL= "oral sex, vaginal sex"
IF GENDER =3, DISPLAY FILL= "handjobs, oral sex or blowjobs, vaginal sex"
1

Yes

2

No
DK/REF

Box ID:

PB_E1

DEFINE forced:
If at least one of (E16, E18, E20, E22, E24, E26, E28, E32, E34) is YES, then forced = YES
else forced = NO
DEFINE pressured:
If at least one of (E17, E19, E21, E23, E25, E27, E29, E33, E35) is YES, then pressured YES
else pressured = NO
DEFINE ForcedOrPressuredFill2:
If forced = YES AND pressured = NO then forcedOrPressuredFill2 = "physically forced to"
Else if forced = NO AND pressured = YES then forcedOrPressuredFill2 = "pressured or made to
feel that you had to"
Else if forced = YES AND pressured = YES then forcedOrPressuredFill2 = "physically forced,
pressured, or made to feel that you had to"
Else forcedOrPressuredFill2 = "????"
Note that if forced and pressured are both NO, the fill won't be used so it doesn't matter what it
is.
IF GENDER=1 AND (E22=1 OR E23=1 OR E26=1 OR E27=1 OR E32=1 OR E33=1), CONTINUE
TO E36, ELSE CONTINUE TO PB_E1a

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Question ID:

E36

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E22 OR E23 = 1] Give or receive a handjob,
[IF E26 OR E27 = 1] Give or receive oral sex or a blowjob, or
[IF E32 OR E33 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Box ID:

PB_E1a

IF E36=3, CONTINUE TO E36a, ELSE GO TO PB_E1b

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Question ID:

E36a

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E22 OR E23 = 1] Give or receive a handjob,
[IF E26 OR E27 = 1] Give or receive oral sex or a blowjob, or
[IF E32 OR E33 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E1b

IF E36=4, CONTINUE TO E36b, ELSE GO TO PB_E1c

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Question ID:

E36b

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E22 OR E23 = 1] Give or receive a handjob,
[IF E26 OR E27 = 1] Give or receive oral sex or a blowjob, or
[IF E32 OR E33 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]
Box ID:

PB_E1c

IF GENDER = 2 AND (E24 = 1 OR E25 = 1 OR E28 = 1 OR E29 = 1 OR E32 = 1 OR E33 = 1),
CONTINUE TO E37, ELSE GO TO PB_E1d
Question ID:

E37

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E24 OR E25 = 1] Give or receive oral sex,
[IF E28 OR E29 = 1] Have vaginal sex, or
[IF E32 OR E33 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

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Box ID:

PB_E1d

IF E37=3, CONTINUE TO E37a, ELSE GO TO PB_E1e
Question ID:

E37a

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E24 OR E25 = 1] Give or receive oral sex,
[IF E28 OR E29 = 1] Have vaginal sex, or
[IF E32 OR E33 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E1e

IF E37=4, CONTINUE TO E37b, ELSE GO TO PB_E1e1

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Question ID:

E37b

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E24 OR E25 = 1] Give or receive oral sex,
[IF E28 OR E29 = 1] Have vaginal sex, or
[IF E32 OR E33 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]
Box ID:

PB_E1e1

IF GENDER = 3 AND (E22 = 1 OR E23 = 1 OR E26 = 1 OR E27 = 1 OR E28 = 1 OR E29 = 1 OR
E32 = 1 OR E33 = 1) CONTINUE TO E41 ELSE GO TO PB_E1e2
Question ID:

E41

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
·
·
·
·

[IF
[IF
[IF
[IF

E22
E26
E28
E32

OR
OR
OR
OR

E23
E27
E29
E33

=
=
=
=

1]
1]
1]
1]

Give or receive a handjob,
Give or receive oral sex or a blowjob,
Have vaginal sex, or
Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , ; 3RD ITEM END WITH , or; 4TH ITEM
END WITH ?
1

1 time

2

2 times

3

3 -10 times

4

11 times or more
DK/REF

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Box ID:

PB_E1e2

IF E41=3, CONTINUE TO E41a, ELSE CONTINUE TO PB_E1e3
Question ID:

E41a

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2:
·
·
·
·

[IF
[IF
[IF
[IF

E22
E26
E28
E32

OR
OR
OR
OR

E23
E27
E29
E33

=
=
=
=

1]
1]
1]
1]

Give or receive a handjob,
Give or receive oral sex or a blowjob,
Have vaginal sex, or
Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , ; 3RD ITEM END WITH , or; 4TH ITEM
END WITH ?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

8

9 times

10

10 times
DK/REF

Box ID:

PB_E1e3

IF E41=4, CONTINUE TO E41b, ELSE CONTINUE TO PB_E1f

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Question ID:

E41b

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
·
·
·
·

[IF
[IF
[IF
[IF

E22
E26
E28
E32

OR
OR
OR
OR

E23
E27
E29
E33

=
=
=
=

1]
1]
1]
1]

Give or receive a handjob,
Give or receive oral sex or a blowjob,
Have vaginal sex, or
Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
4 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , ; 3RD ITEM END WITH , or; 4TH ITEM
END WITH ?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]
Box ID:

PB_E1f

IF E16=1 OR E17=1, CONTINUE TO E38, ELSE CONTINUE TO PB_E1g
Question ID:

E38

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, or penis in a sexual way?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Box ID:

PB_E1g

IF E38=3, CONTINUE TO E38a, ELSE GO TO PB_E1h

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Question ID:

E38a

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, or penis in a sexual way?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E1h

IF E38=4, CONTINUE TO E38b, ELSE GO TO PB_E1i
Question ID:

E38b

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, or penis in a sexual way?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]
Box ID:

PB_E1i

IF E18=1 OR E19=1, CONTINUE TO E39, ELSE GO TO PB_E1j
Question ID:

E39

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, or vagina in a sexual way?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

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Box ID:

PB_E1j

IF E39=3, CONTINUE to E39a, ELSE GO TO PB_E1k
Question ID:

E39a

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, or vagina in a sexual way?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E1k

IF E39=4, CONTINUE TO E39b, ELSE GO TO PB_E1k1
Question ID:

E39b

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, or vagina in a sexual way?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]
Box ID:

PB_E1k1

IF E20=1 OR E21=1, CONTINUE TO E42, ELSE GO TO PB_E1k2

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Question ID:

E42

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, penis, or vagina in a sexual way?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Box ID:

PB_E1k2

IF E42=3, CONTINUE TO E42a, ELSE GO TO PB_E1k3
Question ID:

E42a

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, penis, or vagina in a sexual way?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E1k3

IF E42=4, CONTINUE TO E42b, ELSE GO TO E40
Question ID:

E42b

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, penis, or vagina in a sexual way?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]

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Question ID:

E40

How soon after you arrived at this facility were you [ForcedOrPressuredFill2] have sex or sexual
contact with [another inmate for the first time/another inmate]?
IF E36 > 1 OR E37 > 1 OR E41>1, DISPLAY FILL= "another inmate for the first time"
IF E36 = 1 OR E37 = 1 OR E41=1, DISPLAY FILL= "another inmate"
1

Within the first 24 hours after you arrived here

2

More than 24 hours but within your first 3 days
here

3

More than 3 days but within your first 30 days
here

4

More than 30 days but within your first 6 months
here

5

More than 6 months but within your first 12
months here

6

More than 12 months after you arrived here
DK/REF

Question ID:

LCM1

DOAFILL1, did another inmate use physical force, pressure you, or make you feel that you had
to have any type of sex or sexual contact?
1

Yes

2

No
DK/REF

Question ID:

LCM2a

How long has it been since another inmate in this facility used physical force, pressured you, or
made you feel that you had to have any type of sex or sexual contact?
1

Within the past 7 days

2

More than 7 days ago but within the past 30
days

3

More than 30 days ago but within the past 12
months

4

More than 12 months ago

5

This has not happened to me at this facility
DK/REF

Box ID:

PB_E1l

IF GENDER=1 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 = 1
OR LCM2a = 1 OR 2 OR 3)), CONTINUE TO E162, ELSE GO TO PB_E1m

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Question ID:

E162

DOAFILL1, did another inmate use physical force to touch your butt, thighs, or penis in a
sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_E1m

IF GENDER =1 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)), CONTINUE TO E172, ELSE GO TO PB_E1n
Question ID:

E172

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to let them touch your butt, thighs, or penis in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_E1n

IF GENDER=2 AND (E2 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)), CONTINUE TO E182, ELSE GO TO PB_E1o
Question ID:

E182

DOAFILL1, did another inmate use physical force to touch your butt, thighs, breasts, or vagina
in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_E1o

IF GENDER=2 AND (E2 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)), CONTINUE TO E192, ELSE GO TO PB_E1o1

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Question ID:

E192

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to let them touch your butt, thighs, breasts, or vagina in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_E1o1

IF GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3)), CONTINUE TO E202, ELSE GO TO PB_E1o2
Question ID:

E202

DOAFILL1, did another inmate use physical force to touch your butt, thighs, breasts, penis, or
vagina in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_E1o2

IF GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3)), CONTINUE TO E212, ELSE GO TO PB_E1p
Question ID:

E212

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to let them touch your butt, thighs, breasts, penis, or vagina in a sexual way?
1

Yes

2

No
DK/REF

Box ID:

PB_E1p

IF (GENDER=1 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))), CONTINUE TO E222, ELSE GO TO PB_E1q

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Question ID:

E222

DOAFILL1, did another inmate use physical force to make you give or receive a handjob?
1

Yes

2

No
DK/REF

Box ID:

PB_E1q

IF (GENDER=1 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))), CONTINUE TO E232, ELSE GO TO PB_E1r
Question ID:

E232

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to give or receive a handjob?
1

Yes

2

No
DK/REF

Box ID:

PB_E1r

IF GENDER=2 AND (E2 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)), CONTINUE TO E242, ELSE GO TO PB_E1s
Question ID:

E242

DOAFILL1, did another inmate use physical force to make you give or receive oral sex?
1

Yes

2

No
DK/REF

Box ID:

PB_E1s

IF GENDER=2 AND (E2 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)), CONTINUE TO E252, ELSE GO TO PB_E1t

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Question ID:

E252

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to give or receive oral sex?
1

Yes

2

No
DK/REF

Box ID:

PB_E1t

IF (GENDER=1 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))) CONTINUE TO E262, ELSE GO TO PB_E1u
Question ID:

E262

DOAFILL1, did another inmate use physical force to make you give or receive oral sex or a
blowjob?
1

Yes

2

No
DK/REF

Box ID:

PB_E1u

IF (GENDER=1 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))), CONTINUE TO E272, ELSE GO TO PB_E1v
Question ID:

E272

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to give or receive oral sex or a blowjob?
1

Yes

2

No
DK/REF

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Box ID:

PB_E1v

IF (GENDER=2 AND (E2 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))), CONTINUE TO E282, ELSE GO TO PB_E1w
Question ID:

E282

DOAFILL1, did another inmate use physical force to make you have vaginal sex?
1

Yes

2

No
DK/REF

Box ID:

PB_E1w

IF (GENDER=2 AND (E2 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))), CONTINUE TO E292, ELSE GO TO PB_E1x
Question ID:

E292

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to have vaginal sex?
1

Yes

2

No
DK/REF

Box ID:

PB_E1x

IF (GENDER = 1 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER = 2 AND (E2 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1
= 1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))), CONTINUE TO E322, ELSE GO TO PB_E1y

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Question ID:

E322

DOAFILL1, did another inmate use physical force to make you have anal sex?
1

Yes

2

No
DK/REF

Box ID:

PB_E1y

IF (GENDER = 1 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER = 2 AND (E2 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1
= 1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))), CONTINUE TO E332, ELSE GO TO PB_E1z
Question ID:

E332

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to have anal sex?
1

Yes

2

No
DK/REF

Box ID:

PB_E1z

IF (GENDER = 1 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1 =
1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER = 2 AND (E2 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2 AND (LCM1
= 1 OR LCM2a = 1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))), CONTINUE TO E342, ELSE GO TO PB_E1aa
Question ID:

E342

DOAFILL1, did another inmate use physical force to make you have any type of sex or sexual
contact other than sexual touching, [handjobs, oral sex or blowjobs/oral sex, vaginal
sex/handjobs, oral sex or blowjobs, vaginal sex], or anal sex?
IF GENDER =1, DISPLAY FILL= "handjobs, oral sex or blowjobs"
IF GENDER=2, DISPLAY FILL= "oral sex, vaginal sex"
IF GENDER=3, DISPLAY FILL= "handjobs, oral sex or blowjobs, vaginal sex"
1

Yes

2

No
DK/REF

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Box ID:

PB_E1aa

IF (GENDER=1 AND (E2=2 AND E6=2 AND E8=2 AND E12=2 AND E14=2 AND (LCM1=1 OR
LCM2a=1 OR 2 OR 3))) OR (GENDER=2 AND (E2=2 AND E8=2 AND E10=2 AND E12=2 AND
E14=2 AND (LCM1=1 OR LCM2a=1 OR 2 OR 3)))
OR (GENDER=3 AND (E2 = 2 AND E6 = 2 AND E8 = 2 AND E10 = 2 AND E12 = 2 AND E14 = 2
AND (LCM1 = 1 OR LCM2a = 1 OR 2 OR 3))), CONTINUE TO E352, ELSE GO TO PB_E2
Question ID:

E352

DOAFILL1, did another inmate, without using physical force, pressure you or make you feel
that you had to have any type of sex or sexual contact other than sexual touching, [handjobs,
oral sex or blowjobs/oral sex, vaginal sex/handjobs, oral sex or blowjobs, vaginal sex], or anal
sex?

IF GENDER =1, DISPLAY FILL= "handjobs, oral sex or blowjobs"
IF GENDER=2, DISPLAY FILL= "oral sex, vaginal sex"
IF GENDER=3, DISPLAY FILL= “handjobs, oral sex or blowjobs, vaginal sex”
1

Yes

2

No
DK/REF

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Box ID:

PB_E2

UPDATE forced:
If at least one of (E162, E182, E202, E222, E242, E262, E282, E322, E342) is YES, then forced
= YES
else forced = NO
UPDATE pressured:
If at least one of (E172, E192, E212, E232, E252, E272, E292, E332, E352) is YES, then
pressured = YES
else pressured = NO
UPDATE ForcedOrPressuredFill2: If forced = YES AND pressured = NO then
forcedOrPressuredFill2 = "physically forced to"
Else if forced = NO AND pressured = YES then forcedOrPressuredFill2 = "pressured or made to
feel that you had to"
Else if forced = YES AND pressured = YES then forcedOrPressuredFill2 = "physically forced,
pressured, or made to feel that you had to"
Else forcedOrPressuredFill2 = "????"
[Note that if forced and pressured are both NO, the fill won't be used so it doesn't matter what
it is.]
IF GENDER = 1 AND (E222 = 1 OR E232 = 1 OR E262 = 1 OR E272 = 1 OR E322 = 1 OR E332
= 1), CONTINUE TO E353, ELSE GO TO PB_E2a
Question ID:

E353

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E222 OR E232 = 1] Give or receive a handjob,
[IF E262 OR E272 = 1] Give or receive oral sex or a blowjob, or
[IF E322 OR E332 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

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Box ID:

PB_E2a

IF E353=3, CONTINUE TO E354, ELSE GO TO PB_E2b
Question ID:

E354

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E222 OR E232 = 1] Give or receive a handjob,
[IF E262 OR E272 = 1] Give or receive oral sex or a blowjob, or
[IF E322 OR E332 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E2b

IF E353=4, CONTINUE TO E355, ELSE GO TO PB_E2c

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Question ID:

E355

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E222 OR E232 = 1] Give or receive a handjob,
[IF E262 OR E272 = 1] Give or receive oral sex or a blowjob, or
[IF E322 OR E332 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE 11 - 300]
Box ID:

PB_E2c

IF GENDER = 2 AND (E242 = 1 OR E252 = 1 OR E282 = 1 OR E292 = 1 OR E322 = 1 OR E332
= 1), CONTINUE TO E356, ELSE GO TO PB_E2d
Question ID:

E356

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E242 OR E252 = 1] Give or receive oral sex,
[IF E282 OR E292 = 1] Have vaginal sex, or
[IF E322 OR E332 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

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Box ID:

PB_E2d

IF E356=3, CONTINUE TO E357, ELSE GO TO PB_E2e
Question ID:

E357

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E242 OR E252 = 1] Give or receive oral sex,
[IF E282 OR E292 = 1] Have vaginal sex, or
[IF E322 OR E332 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E2e

IF E356=4, CONTINUE TO E358, ELSE GO TO PB_E2e1

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Question ID:

E358

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
[IF E242 OR E252 = 1] Give or receive oral sex,
[IF E282 OR E292 = 1] Have vaginal sex, or
[IF E322 OR E332 = 1] Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]
Box ID:

PB_E2e1

IF GENDER = 3 AND (E222 = 1 OR E232 = 1 OR E262 = 1 OR E272 = 1 OR E282=1 OR E292=1
OR E322 = 1 OR E332 = 1), CONTINUE TO E366, ELSE GO TO PB_E2e2
Question ID:

E366

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
·
·
·
·

[IF
[IF
[IF
[IF

E222
E262
E282
E322

OR
OR
OR
OR

E232
E272
E292
E332

=
=
=
=

1]
1]
1]
1]

Give or receive a handjob,
Give or receive oral sex or a blowjob,
Have vaginal sex, or
Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
4 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , ; 3RD ITEM END WITH , or; 4TH ITEM
END WITH ?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

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Box ID:

PB_E2e2

IF E366=3, CONTINUE TO E367, ELSE GO TO PB_E2e3
Question ID:

E367

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
·
·
·
·

[IF
[IF
[IF
[IF

E222
E262
E282
E322

OR
OR
OR
OR

E232
E272
E292
E332

=
=
=
=

1]
1]
1]
1]

Give or receive a handjob,
Give or receive oral sex or a blowjob,
Have vaginal sex, or
Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
4 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , ; 3RD ITEM END WITH , or; 4TH ITEM
END WITH ?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E2e3

IF E366=4, CONTINUE TO E368, ELSE GO TO PB_E2f

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Question ID:

E368

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2]:
·
·
·
·

[IF
[IF
[IF
[IF

E222
E262
E282
E322

OR
OR
OR
OR

E232
E272
E292
E332

=
=
=
=

1]
1]
1]
1]

Give or receive a handjob,
Give or receive oral sex or a blowjob,
Have vaginal sex, or
Have anal sex?

DEPENDING ON THE NUMBER OF BEHAVIORS ENDORSED, PLEASE INCORPORATE THIS
PUNCTUATION:
1 ITEM - END WITH ?
2 ITEMS - 1ST ITEM END WITH or; 2ND ITEM END WITH ?
3 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , or; 3RD ITEM END WITH ?
4 ITEMS - 1ST ITEM END WITH , ; 2ND ITEM END WITH , ; 3RD ITEM END WITH , or; 4TH ITEM
END WITH ?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]
Box ID:

PB_E2f

IF E162 = 1 OR E172 = 1, CONTINUE TO E359, ELSE GO TO PB_E2g
Question ID:

E359

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, or penis in a sexual way?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Box ID:

PB_E2g

IF E359 = 3, CONTINUE TO E360, ELSE GO TO PB_E2h

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Question ID:

E360

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, or penis in a sexual way?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E2h

IF E359 = 4, CONTINUE TO E361, ELSE GO TO PB_E2i
Question ID:

E361

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, or penis in a sexual way?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]
Box ID:

PB_E2i

IF E182 = 1 OR E192 = 1, CONTINUE TO E362, ELSE GO TO PB_E2j
Question ID:

E362

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, or vagina in a sexual way?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

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Box ID:

PB_E2j

IF E362 = 3, CONTINUE TO E363, ELSE GO TO PB_E2k
Question ID:

E363

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, or vagina in a sexual way?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E2k

IF E362 = 4, CONTINUE TO E364, ELSE GO TO PB_E2k1
Question ID:

E364

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, or vagina in a sexual way?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]
Box ID:

PB_E2k1

IF E202=1 OR E212=1, CONTINUE TO E369, ELSE GO TO PB_E2k2

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Question ID:

E369

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, penis, or vagina in a sexual way?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Box ID:

PB_E2k2

IF E369 = 3, CONTINUE TO E370, ELSE GO TO PB_E2k3
Question ID:

E370

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, penis, or vagina in a sexual way?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Box ID:

PB_E2k3

IF E369 = 4, CONTINUE TO E371, ELSE GO TO PB_E2l
Question ID:

E371

DOAFILL1, how many times altogether were you [ForcedOrPressuredFill2] let another inmate
touch your butt, thighs, breasts, penis, or vagina in a sexual way?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]

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Box ID:

PB_E2l

IF E353 >= 1 OR E356 >= 1 OR E366>= 1, CONTINUE TO E365, ELSE GO TO PB_F1.
Question ID:

E365

How soon after you arrived at this facility were you [ForcedOrPressuredFill2] have sex or sexual
contact with [another inmate for the first time/another inmate]?
IF E353 > 1 OR E356 > 1 OR E366 >1, DISPLAY FILL ="another inmate for the first time"
[IF E353 = 1 OR E356 = 1 OR E366 = 1, DISPLAY FILL= "another inmate"
1

Within the first 24 hours after you arrived here

2

More than 24 hours but within your first 3 days
here

3

More than 3 days but within your first 30 days
here

4

More than 30 days but within your first 6 months
here

5

More than 6 months but within your first 12
months here

6

More than 12 months after you arrived here
DK/REF

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DESCRIPTION OF NON-CONSENSUAL SEXUAL ACTS
(NCSAs) (F)
Box ID:

PB_F1

DEFINE NCSA:
IF E16 = 1 OR E17 = 1 OR E18 = 1 OR E19 = 1 OR E20 = 1 OR E21 = 1 OR E22 = 1 OR E23 =
1 OR E24 = 1 OR E25 = 1 OR E26 = 1 OR E27 = 1 OR E28 = 1 OR E29 = 1 OR E32 = 1 OR E33
= 1 OR E34 = 1 OR E35 = 1 OR E162 = 1 OR E172 = 1 OR E182 = 1 OR E192 = 1 OR E202 = 1
OR E212 = 2 OR E222 = 1 OR E232 = 1 OR E242 = 1 OR E252 = 1 OR E262 = 1 OR E272 = 1
OR E282 = 1 OR E292 = 1 OR E322 = 1 OR E332 = 1 OR E342 = 1 OR E352 = 1 THEN NCSA =
1 ELSE NCSA = 2

Box ID:

PB_F2

UPDATE forced:
If at least one of (E16, E18, E20, E22, E24, E26, E28, E32, E34, E162, E182, E202, E222, E242,
E262, E282, E322, E342) is YES, then forced = YES
else forced = NO
UPDATE pressured:
If at least one of (E17, E19, E21, E23, E25, E27, E29, E33, E35, E172, E192, E212, E232, E252,
E272, E292, E332, E352) is YES, then pressured = YES
else pressured = NO
UPDATE ForcedOrPressuredFill2:
If forced = YES AND pressured = NO then forcedOrPressuredFill2 = "physically forced"
Else if forced = NO AND pressured = YES then forcedOrPressuredFill2 = "pressured or made to
feel that you had"
Else if forced = YES AND pressured = YES then forcedOrPressuredFill2 = "physically forced,
pressured, or made to feel that you had"
Else forcedOrPressuredFill2 = "????"
[Note that if forced and pressured are both NO, the fill won't be used so it doesn't matter what
it is.]

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Box ID:

PB_F3

DEFINE #NCSA1
IF E36 + E37 + E38 + E39 +E41 + E42 + E353 + E356 + E359 + E362 +E366 + E369= 1
THEN #NCSA1 = did it
IF E36 + E37 + E38 + E39 + E41 + E42 + E353 + E356 + E359 + E362 + E366 + E369 > 1
THEN #NCSA1 = did it ever
IF ALL (E36, E37, E38, E39, E41, E42, E353, E356, E359, E362, E366, E369) = DK OR REF
THEN #NCSA1 = did it ever
DEFINE #NCSA2
IF E36 + E37 + E38 +E39 + E41 + E42 + E353 + E356 + E359 + E362 + E366 + E369= 1
THEN #NCSA2 = were you
IF E36 + E37 + E38 +E39 + E41 + E42 + E353 + E356 + E359 + E362 +E366 +E369 > 1
THEN #NCSA2= were you ever
IF ALL (E36, E37, E38, E39, E41, E42, E353, E356, E359, E362, E366, E369) = DK OR REF
THEN #NCSA2 = were you ever
DEFINE #NCSA3
IF E36 + E37 + E38 + E39 + E41 + E42 + E353 + E356 + E359 + E362 + E366 + E369 = 1
THEN #NCSA3 = was it
IF E36 + E37 + E38 + E39 + E41 + E42 + E353 + E356 + E359 + E362+ E366 + E369 > 1
THEN #NCSA3 = was it ever
IF ALL (E36, E37, E38, E39, E41, E42, E353, E356, E359, E362 , E366. E369)= DK OR REF
THEN #NCSA3 = was it ever
DEFINE #NCSA4
IF E36 + E37 + E38 + E39 + E41 + E42 + E353 + E356 + E359 + E362+ E366 + E369 = 1
THEN #NCSA4 = did you
IF E36 + E37 + E38 + E39 + E41 + E42 + E353 + E356 + E359 + E362 + E366 + E369> 1
THEN #NCSA4 = did you ever
IF ALL (E36, E37, E38, E39, E41, E42, E353, E356, E359, E362, E366, E369) = DK OR REF
THEN #NCSA4 = did you ever
DEFINE #NCSA5
IF E36 + E37 + E38 + E39 + E41 + E42 + E353 + E356 + E359 + E362 + E366 + E369= 1
THEN #NCSA5 = why didn't you
IF E36 + E37 + E38 + E39 + E41 + E42 + E353 + E356 + E359 + E362 + E366 + E369> 1
THEN #NCSA5 = why didn't you ever
IF ALL (E36, E37, E38, E39, E41, E42, E353, E356, E359, E362, E366, E369) = DK OR REF
THEN #NCSA5 = why didn't you ever
IF NCSA = 1, CONTINUE TO F1, ELSE GO TO PB_F4
Question ID:

F1

DOAFILL1,when you were [ForcedOrPressuredFill2] have sex or sexual contact with another
inmate, [#NCSA1 FILL] involve more than one inmate?
1

Yes

2

No
DK/REF

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Box ID:

PB_F4

IF NCSA = 1, CONTINUE TO F6a THROUGH F6j, ELSE GO TO PB_F5
Question ID:

F6

DOAFILL1, when you were [ForcedOrPressuredFill2] have sex or sexual contact with another
inmate, [#NSCA2 FILL] ...
items F6a- F6j should be displayed on the same screen as much as space allows
Question ID:

F6a

Persuaded or talked into it?

Question ID:

1

Yes

2

No

--

DK/REF

F6b

Given a bribe?

Question ID:

1

Yes

2

No

--

DK/REF

F6c

Blackmailed?

Question ID:

1

Yes

2

No

--

DK/REF

F6d

Given drugs or alcohol to get you drunk or high?

Question ID:

1

Yes

2

No

--

DK/REF

F6e

Offered protection from other inmates?
1

Yes

2

No

--

DK/REF

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Question ID:

F6f

Trying to pay off or settle a debt that you owed?

Question ID:

1

Yes

2

No

--

DK/REF

F6g

Threatened with harm?

Question ID:

1

Yes

2

No

--

DK/REF

F6h

Physically held down or restrained?

Question ID:

1

Yes

2

No

--

DK/REF

F6i

Physically harmed or injured?

Question ID:

1

Yes

2

No

--

DK/REF

F6j

Threatened with a weapon?

Box ID:

1

Yes

2

No

--

DK/REF

PB_F5

IF NCSA = 1, CONTINUE TO F8, ELSE GO TO PB_F6
Question ID:

F8

DOAFILL1, when you were [ForcedOrPressuredFill2] have sex or sexual contact with another
inmate, [#NCSA3] initiated by a gang?
1

Yes

2

No
DK/REF

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Box ID:

PB_F6

IF NCSA = 1, CONTINUE TO F9, ELSE GO TO PB_F7
Question ID:

F9

DOAFILL1, when you were [ForcedOrPressuredFill2] have sex or sexual contact with another
inmate, [#NCSA2] injured?
1

Yes

2

No
DK/REF

Box ID:

PB_F7

IF F9 = 1, CONTINUE TO F10a THROUGH F10g, ELSE GO TO SECTION G.
Question ID:

F10

DOAFILL1, when you were [ForcedOrPressuredFill2] have sex or sexual contact with another
inmate, [#NCSA4] ...
items F10a - F10g should be displayed on the same screen as much as space allows
Question ID:

F10a

Receive knife or stab wounds?

Question ID:

1

Yes

2

No

--

DK/REF

F10b

Receive broken bones?
1

Yes

2

No

--

DK/REF

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Question ID:

F10c

Have [anal/anal or vaginal] tearing?
If GENDER=1, DISPLAY FILL= "anal"
IF GENDER=2 OR GENDER=3, DISPLAY FILL= "anal or vaginal"

Question ID:

1

Yes

2

No

--

DK/REF

F10d

Have your teeth chipped or knocked out?

Question ID:

1

Yes

2

No

--

DK/REF

F10e

Receive internal injuries?

Question ID:

1

Yes

2

No

--

DK/REF

F10f

Get knocked unconscious?

Question ID:

1

Yes

2

No

--

DK/REF

F10g

Receive bruises, a black eye, sprains, cuts, scratches, swelling, welts, or burns?
1

Yes

2

No

--

DK/REF

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STAFF SEXUAL MISCONDUCT (G)
Question ID:

G1

These next questions are about the behavior of staff at this facility DOAFILL2. By staff we
mean the employees of this facility and anybody who works as a volunteer in this facility.
Touch the NEXT button to go to the next screen.
Question ID:

G4

DOAFILL1, have any facility staff pressured you or made you feel that you had to let them
have sex or sexual contact with you?
1

Yes

2

No
DK/REF

Question ID:

G5

DOAFILL1, have you been physically forced by any facility staff to have sex or sexual contact?
1

Yes

2

No
DK/REF

Box ID:

PB_G1

DEFINE SEXTYPE2
IF G4 =1 AND G5 = 1 THEN SEXTYPE2 = physically forced, pressured, or made to feel that you
had to
IF G4 = 1 AND G5 NE 1 THEN SEXTYPE2 = pressured or made to feel that you had to
IF G4 NE 1 AND G5 = 1 THEN SEXTYPE2 = physically forced to
IF G4=1 OR G5=1, CONTINUE TO G6, ELSE GO TO G7
Question ID:

G6

DOAFILL1, how many times were you [SEXTYPE2 FILL] have sex or sexual contact with any
facility staff?
1

1 time

2

2 times

3

3 - 10 times

GO TO G6a

4

11 times or more

GO TO G6b

DK/REF

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Question ID:

G6a

DOAFILL1, how many times were you [SEXTYPE2 FILL] have sex or sexual contact with any
facility staff?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Question ID:

G6b

DOAFILL1, how many times were you [SEXTYPE2 FILL] have sex or sexual contact with any
facility staff?
NUMBER OF TIMES: ________
DK/REF
NOTES: [RANGE: 11 - 300}
Question ID:

G8

How soon after you arrived at this facility were you [SEXTYPE2] have sex or sexual contact [with
facility staff for the first time/with facility staff]?

IF (G4 = 1 OR G5 = 1) AND G6 > 1, DISPLAY FILL= "with facility staff for the first time"
IF (G4 = 1 OR G5 = 1) AND G6 = 1), DISPLAY FILL="with facility staff"
1

Within the first 24 hours after you arrived here

2

More than 24 hours but within your first 3 days
here

3

More than 3 days but within your first 30 days
here

4

More than 30 days but within your first 6 months
here

5

More than 6 months but within your first 12
months here

6

More than 12 months after you arrived here
DK/REF

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Question ID:

G7

DOAFILL1, have any facility staff offered you favors or special privileges in exchange for sex or
sexual contact?
1

Yes

2

No
DK/REF

Question ID:

G2

DOAFILL1, have you willingly had sex or sexual contact with any facility staff?
1

Yes

2

No

GO TO G3

DK/REF
Question ID:

G3

DOAFILL1, how many times have you willingly had sex or sexual contact with facility staff?
1

1 time

2

2 times

3

3 - 10 times

GO TO G3a

4

11 times or more

GO TO G3b

DK/REF
Question ID:

G3a

DOAFILL1, how many times have you willingly had sex or sexual contact with any facility
staff?
1

3 times

2

4 times

3

5 times

4

6 times

5

7 times

6

8 times

7

9 times

8

10 times
DK/REF

Question ID:

G3b

DOAFILL1, how many times have you willingly had sex or sexual contact with any facility
staff?
NUMBER OF TIMES: __________
DK/REF
NOTES: [RANGE: 11 - 300]

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Box ID:

PB_G2

IF G4 = 1 OR G5 = 1, CONTINUE TO G9, ELSE GO TO PB_G3
Question ID:

G9

DOAFILL1, on any occasion when you were [SEXTYPE2 FILL] have sex or sexual contact with
facility staff, did you report it to other facility staff?
1

Yes

2

No
DK/REF

Box ID:

PB_G3

IF G2 = 1 OR G4 = 1 OR G5 = 1, CONTINUE TO G10, ELSE GO TO PB_G4
Question ID:

G10

These next questions are about any sex or sexual contact you have had with facility staff
DOAFILL2, whether you wanted to have it or not.
Touch the NEXT button to go to the next screen.
Box ID:

PB_G4

IF G2=1 OR G4=1 OR G5=1, CONTINUE TO G11a THROUGH G11e, ELSE GO TO PB_G5
Question ID:

G11

DOAFILL1, which of the following types of sex or sexual contact did you have with a facility
staff person?
items G11a - G11e should be displayed on the same screen as much as space allows
Question ID:

G11a

You touched a facility staff person's body or had your body touched in a sexual way?
1

Yes

2

No

--

DK/REF

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Question ID:

G11b

You gave or received a handjob?

Question ID:

1

Yes

2

No

--

DK/REF

G11c

You gave or received oral sex or a blowjob?

Question ID:

1

Yes

2

No

--

DK/REF

G11d

You had vaginal sex? Vaginal sex is when one person inserts their penis, finger, or an object into
another person's vagina.

Question ID:

1

Yes

2

No

--

DK/REF

G11e

You had anal sex? Anal sex is when one person inserts their penis, finger, or an object into
another person's butt.

Box ID:

1

Yes

2

No

--

DK/REF

PB_G5

IF G2 =1 OR G4 = 1 OR G5 = 1, CONTINUE TO G12, ELSE GO TO PB_G6
Question ID:

G12

DOAFILL1, when you had sex or sexual contact with facility staff, did it ever involve more
than one facility staff person?
1

Yes

2

No
DK/REF

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Box ID:

PB_G6

IF G2=1 OR G4=1 OR G5=1, CONTINUE TO G17a THROUGH G17l, ELSE GO TO PB_G7
Question ID:

G17

DOAFILL1, when you had sex or sexual contact with facility staff were any of the following
methods used to get you to participate?
items G17a - G17l should be displayed on the same screen as much as space allows
Question ID:

G17a

You were persuaded or talked into it?

Question ID:

1

Yes

2

No

--

DK/REF

G17b

You were given a bribe?

Question ID:

1

Yes

2

No

--

DK/REF

G17c

You were offered favors or special privileges?

Question ID:

1

Yes

2

No

--

DK/REF

G17d

You were blackmailed?

Question ID:

1

Yes

2

No

--

DK/REF

G17e

You were given drugs or alcohol to get you drunk or high?
1

Yes

2

No

--

DK/REF

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Question ID:

G17f

You were offered protection from other inmates?

Question ID:

1

Yes

2

No

--

DK/REF

G17g

You were offered protection from another correctional officer?

Question ID:

1

Yes

2

No

--

DK/REF

G17h

You were trying to pay off or settle a debt that you owed?

Question ID:

1

Yes

2

No

--

DK/REF

G17i

You were threatened with harm?

Question ID:

1

Yes

2

No

--

DK/REF

G17j

You were physically held down or restrained?

Question ID:

1

Yes

2

No

--

DK/REF

G17k

You were physically harmed or injured?
1

Yes

2

No

--

DK/REF

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Question ID:

G17l

You were threatened with a weapon?

Box ID:

1

Yes

2

No

--

DK/REF

PB_G7

IF G2 = 1 OR G4 = 1 OR G5 = 1, CONTINUE TO G28, ELSE GO TO PB_G8
Question ID:

G28

DOAFILL1, did you have sex or sexual contact with male facility staff, female facility staff, or
both male and female facility staff?
1

Male facility staff

2

Female facility staff

3

Both male and female facility staff
DK/REF

Box ID:

PB_G8

IF G28 = 1 OR 2, CONTINUE TO G29a THROUGH G29c, ELSE GO TO PB_G9
Question ID:

G29

DOAFILL1, did you have sex or sexual contact with any...
items G29a - G29c should be displayed on the same screen as much as space allows
Question ID:

G29a

Correctional officers?

Question ID:

1

Yes

2

No

--

DK/REF

G29b

Other staff working in the facility?
1

Yes

2

No

--

DK/REF

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Question ID:

G29c

Volunteers in the facility?

Box ID:

1

Yes

2

No

--

DK/REF

PB_G9

IF G28 = 3, CONTINUE TO G31a THROUGH G31f, ELSE GO TO PB_G10
Question ID:

G31

DOAFILL1, did you have sex or sexual contact with any...
items G31a - G31f should be displayed on the same screen as much as space allows
Question ID:

G31a

Male correctional officers?

Question ID:

1

Yes

2

No

--

DK/REF

G31b

Female correctional officers?

Question ID:

1

Yes

2

No

--

DK/REF

G31c

Other male staff working in the facility?

Question ID:

1

Yes

2

No

--

DK/REF

G31d

Other female staff working in the facility?
1

Yes

2

No

--

DK/RF

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Question ID:

G31e

Male volunteers in the facility?

Question ID:

1

Yes

2

No

--

DK/RF

G31f

Female volunteers in the facility?

Box ID:

1

Yes

2

No

--

DK/RF

PB_G10

IF G2 =1 OR G4 = 1 OR G5 = 1, CONTINUE TO G19, ELSE GO TO Section X (XINTRO)
Question ID:

G19

DOAFILL1, when you had sex or sexual contact with facility staff, were you ever injured?
1

Yes

2

No

GO TO G20

DK/REF
Question ID:

G20

DOAFILL1, when you had sex or sexual contact with facility staff, did you ever ...
items G20a - G20g should be displayed on the same screen as much as space allows
Question ID:

G20a

Receive knife or stab wounds?

Question ID:

1

Yes

2

No

--

DK/RF

G20b

Receive broken bones?
1

Yes

2

No

--

DK/RF

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Question ID:

G20c

Have [anal/anal or vaginal] tearing?
IF GENDER= 1, DISPLAY FILL= "anal"
IF GENDER= 2 OR GENDER= 3, DISPLAY FILL= "anal or vaginal"

Question ID:

1

Yes

2

No

--

DK/RF

G20d

Have your teeth chipped or knocked out?

Question ID:

1

Yes

2

No

--

DK/RF

G20e

Receive internal injuries?

Question ID:

1

Yes

2

No

--

DK/RF

G20f

Get knocked unconscious?

Question ID:

1

Yes

2

No

--

DK/RF

G20g

Receive bruises, a black eye, sprains, cuts, scratches, swelling, welts, or burns?
1

Yes

2

No

--

DK/RF

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Box ID:

PB_G11

DEFINE RANDOMIZATION_INCIDENT
IF NCSA = 1 AND [G2 OR G4 OR G5 =1]: RANDOMIZATION_INCIDENT = 1
ELSE, RANDOMIZATION_INCIDENT = 2
IF RANDOMIZATION_INCIDENT = 1, INITIATE RANDOMIZATION AT A 50/50 RATIO TO
DETERMINE WHETHER TO ADMINISTER MODULES DIR AND IIC OR MODULES DIRS AND SI
IF RANDOMIZATION=2 AND NCSA=1, CONTINUE TO SECTION DIR;
ELSE IF RANDOMIZATION=2 AND [G2 OR G4 OR G5 =1] CONTINUE TO DIRS

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DETERMINATION OF SPECIFIC INCIDENT FOR
INMATE INCIDENT REPORT (DIR)
Box ID:

PB_DIR1

DEFINE NUMBER_OF_TIMES:
IF E36=1 OR E353=1 OR E37=1 OR E356=1 OR E41 = 1 OR E366 = 1,NUMBER_OF_TIMES = "1
time"
IF E36=2 OR E353=2 OR E37=2 OR E356=2 OR E41 =2 OR E366 = 2,NUMBER_OF_TIMES= "2
times"
IF E36=3 OR E353=3 OR E37=3 OR E356 = 3 OR E41 = 3 OR E366 = 3,NUMBER_OF_TIMES=
"3 to 10 times"
IF E36=4 OR E353=4 OR E37=4 OR E356=4 OR E41 = 4 OR E366 = 4,NUMBER_OF_TIMES=
"11 times or more"
IF E36 = (DK OR REF) OR E353 = (DK OR REF) OR E37 = (DK OR REF) OR E356 = (DK OR
REF), OR E41 = (DK OR REF) OR E366 = (DK OR REF), NUMBER_OF_TIMES = NO FILL
ELSE NUMBER_OF_TIMES = MISSING
DEFINE NUMBER_OF_TIMES_TOUCH:
IF E38=1 OR E359=1 OR E39=1 OR E362=1 OR E42 = 1 OR E369 = 1,
NUMBER_OF_TIMES_TOUCH = "1 time"
IF E38=2 OR E359=2 OR E39=2 OR E362=2 OR E42 = 2 OR E369 = 2,
NUMBER_OF_TIMES_TOUCH="2 times"
IF E38=3 OR E359=3 OR E39=3 OR E362=3 OR E42 = 3 OR E369 = 3,
NUMBER_OF_TIMES_TOUCH = "3 to 10 times"
IF E38=4 OR E359=4 OR E39=4 OR E362=4 OR E42 = 4 OR E369 = 4,
NUMBER_OF_TIMES_TOUCH = "11 times or more"
IF E38 = (DK OR REF) OR E359 = (DK OR REF) OR E39 = (DK OR REF) OR E362 = (DK OR
REF), OR E42 = (DK OR REF) OR E369 = (DK OR REF), NUMBER_OF_TIMES_TOUCH = NO FILL
ELSE NUMBER_OF_TIMES_TOUCH = MISSING
IF NUMBER_OF_TIMES=1 time AND (NUMBER_OF_TIMES_TOUCH IS MISSING), CONTINUE TO
DIR1, ELSE GO TO PB_DIR2
Question ID:

DIR1

Earlier you reported that DOAFILL2 you were [ForcedOrPressuredFill2] to have sex or sexual
contact with another inmate [NUMBER_OF_TIMES]. Please think about that experience as you
answer the next questions.
Touch the NEXT button to go to the next screen.
Box ID:

PB_DIR2

IF NUMBER_OF_TIMES_TOUCH=1 time AND NUMBER_OF_TIMES IS MISSING, CONTINUE TO
DIR2, ELSE GO TO PB_DIR3
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Question ID:

DIR2

Earlier you reported that DOAFILL2 you were [ForcedOrPressuredFill2] let another inmate
touch your [butt, thighs, or penis/butt, thighs, breasts, or vagina/butt, thighs, breasts, penis, or
vagina] in a sexual way [NUMBER_OF_TIMES_TOUCH]. Please think about that experience as
you answer the next questions.
Touch the NEXT button to go to the next screen.
IF GENDER=1, DISPLAY FILL= "butt, thighs, or penis"
IF GENDER=2, DISPLAY FILL = "butt, thighs, breasts, or vagina"
IF GENDER=3, DISPLAY FILL = "butt, thighs, breasts, penis, or vagina"
Box ID:

PB_DIR3

IF NUMBER_OF_TIMES_>=2 times AND NUMBER_OF_TIMES_TOUCH IS MISSING, CONTINUE
TO DIR3 SERIES,
IF E22=1 OR E23=1 OR E222=1 OR E232=1, GO TO DIR3a, ELSE GO TO PB_DIR3a
Question ID:

DIR3

Earlier you reported that DOAFILL2 you were [ForcedOrPressuredFill2] have sex or sexual
contact with another inmate [NUMBER_OF_TIMES].
[As you answer the next questions, please think about the most recent time you were
[ForcedOrPressuredFill2] have sex or sexual contact with another inmate./Think about the most
recent time this happened to you. What were you [ForcedOrPressuredFill2] do?]
Touch the NEXT button to go to the next screen.
IF only one of ((E22=1 OR E23=1), (E24=1 OR E25=1), (E26=1 OR E27=1), (E28=1 OR
E29=1), (E32=1 OR E33=1), (E222=1 OR E232=1), (E242=1 OR E252=1), (E262=1 OR
E272=1), (E282=1 OR E292=1), (E322=1 OR E332=1)) is true, DISPLAY FILL= "As you answer
the next questions, please think about the most recent time you were [ForcedOrPressuredFill2]
have sex or sexual contact with another inmate."
[IF at least two of ((E22=1 OR E23=1), (E24=1 OR E25=1), (E26=1 OR E27=1), (E28=1 OR
E29=1), (E32=1 OR E33=1), (E222=1 OR E232=1), (E242=1 OR E252=1), (E262=1 OR
E272=1), (E282=1 OR E292=1), (E322=1 OR E332=1_) are true, DISPLAY FILL = "Think about
the most recent time this happened to you. What were you [ForcedOrPressuredFill2] do?"
Question ID:

DIR3a

Give or receive a handjob?
1

Yes

2

No

--

DK/RF

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Box ID:

PB_DIR3a

IF E26=1 OR E27=1 OR E262=1 OR E272=1, GO TO DIR3b, ELSE GO TO PB_DIR3b
Question ID:

DIR3b

Give or receive oral sex or a blowjob?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR3b

IF E24=1 OR E25=1 OR E242=1 OR E252=1, CONTINUE TO DIR3c, ELSE GO TO PB_DIR3c
Question ID:

DIR3c

Give or receive oral sex?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR3c

IF E28=1 OR E29=1 OR E282=1 OR E292=1, CONTINUE TO DIR3d, ELSE GO TO PB_DIR3d
Question ID:

DIR3d

Have vaginal sex?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR3d

IF E32=1 OR E33=1 OR E322=1 OR E332=1, GO TO DIR3e, ELSE GO TO PB_DIR4

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Question ID:

DIR3e

Have anal sex?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR4

As you answer the next questions, please think about the most recent time you were
[ForcedOnPressuredFill2] have sex or sexual contact with another inmate.
Touch the NEXT button to go to the next screen.
IF NUMBER_OF_TIMES_TOUCH >=2 times AND NUMBER_OF_TIMES IS MISSING, GO TO DIR4,
ELSE GO TO PB_DIR5
Question ID:

DIR4

Earlier you reported that DOAFILL2 you were [ForcedOrPressuredFill2] let another inmate
touch your [butt, thighs, or penis/butt, thighs, breasts, or vagina/butt, thighs, breasts, penis, or
vagina] in a sexual way [NUMBER_OF_TIMES_TOUCH].
Think about the most recent time this happened to you as you answer the next questions.
Touch the NEXT button to go to the next screen.
IF GENDER=1, DISPLAY FILL = "butt, thighs, or penis"
IF GENDER= 2, DISPLAY FILL= "butt, thighs, breasts, or vagina"
IF GENDER= 3, DISPLAY FILL= "butt, thighs, breasts, penis, or vagina"
Box ID:

PB_DIR5

IF (NUMBER_OF_TIMES > =1 time OR DK OR REF) AND (NUMBER_OF_TIMES_TOUCH >=1 time
OR DK OR REF), CONTINUE TO DIR5 SERIES, ELSE GO TO DIR00

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Question ID:

DIR5

Earlier you reported that DOAFILL2 you were [ForcedOrPressuredFill2] have sex or sexual
contact with another inmate and that you were [ForcedOrPressuredFill2] let another inmate
touch your [butt, thighs, or penis/butt, thighs, breasts, or vagina/butt, thighs, breasts, penis, or
vagina] in a sexual way.
Think about the most recent time this happened to you. What were you
[ForcedOrPressuredFill2] do?
IF GENDER=1, DISPLAY FILL= "butt, thighs, or penis"
IF GENDER=2, DISPLAY FILL= "butt, thighs, breasts, or vagina"
IF GENDER=3, DISPLAY FILL= "butt, thighs, breasts, penis, or vagina"
Box ID:

PB_DIR5a_

IF E22=1 OR E23=1 OR E222=1 OR E232=1, CONTINUE TO DIR5a, ELSE GO TO PB_DIR5a
Question ID:

DIR5a

Give or receive a handjob?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR5a

IF E26=1 OR E27=1 OR E262=1 OR E272=1, CONTINUE TO DIR5b, ELSE GO TO PB_DIR5b
Question ID:

DIR5b

Give or receive oral sex or a blowjob?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR5b

IF E24=1 OR E25=1 OR E242=1 OR E252=1, CONTINUE TO DIR5c, ELSE GO TO PB_DIR5c

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Question ID:

DIR5c

Give or receive oral sex?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR5c

IFE28=1 OR E29=1 OR E282=1 OR E292=1, CONTINUE TO DIR5d, ELSE GO TO PB_DIR5d
Question ID:

DIR5d

Have vaginal sex?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR5d

IF E32=1 OR E33=1 OR E322=1 OR E332=1, CONTINUE TO DIR5e, ELSE GO TO PB_DIR5e
Question ID:

DIR5e

Have anal sex?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR5e

IF E16=1 OR E17=1 OR E162=1 OR E172=1, CONTINUE TO DIR5f, ELSE GO TO PB_DIR5f
Question ID:

DIR5f

Be touched on your butt, thighs, or penis in a sexual way?
1

Yes

2

No

--

DK/RF

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Box ID:

PB_DIR5f

IF E18=1 OR E19=1 OR E182=1 OR E192=1, CONTINUE TO DIR5g, ELSE GO TO PB_DIR5g
Question ID:

DIR5g

Be touched on your butt, thighs, breasts, or vagina in a sexual way?

Box ID:

1

Yes

2

No

--

DK/RF

PB_DIR5g

IF E20 = 1 OR E21 = 1 OR E202 = 1 OR E212 = 1, CONTINUE TO DIR5h, ELSE GO TO DIR00
Question ID:

DIR5h

Be touched on your butt, thighs, breasts, penis, or vagina in a sexual way?

Question ID:

1

Yes

2

No

--

DK/RF

DIR00

As you answer the next questions, please think about the most recent time you were
[ForcedOrPressuredFill2] have sex or sexual contact with another inmate or let another inmate
touch your [butt, thighs, or penis/butt, thighs, breasts, or vagina/butt, thighs, breasts, penis, or
vagina] in a sexual way.
Touch the NEXT button to go to the next screen.
IF GENDER=1, DISPLAY FILL= "butt, thighs, or penis"
IF GENDER=2, DISPLAY FILL= "butt, thighs, breasts, or vagina"
IF GENDER=3, DISPLAY FILL="butt, thighs, breasts, penis, or vagina"
Box ID:

PB_DIR6

IF DIR1 OR DIR2 Or DIR3 OR DIR4 OR DIR5 IS DISPLAYED, CONTINUE WITH MODULE (IIC),
ELSE SKIP TO DETERMINATION OF SPECIFIC INCIDENT OF STAFF INCIDENT REPORT(DIRS)

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INCIDENT CHARACTERISTICS FOR INMATE-ONINMATE VICTIMIZATION (IIC)
Box ID:

PB_IIC1

DEFINE RECENT_FILL:
IF DIR1 OR DIR2 is displayed, then RECENT_FILL = "incident"
IF DIR3 OR DIR4 OR DIR5 is displayed, then RECENT_FILL = "most recent incident"
DEFINE I-ON-I_FILL:
IF DIR1 OR DIR3 is displayed, then I-ON-I_FILL = "sex or sexual contact with another inmate"
IF DIR2 OR DIR4 is displayed AND GENDER=1, then I-ON-I_FILL = "another inmate touching
your butt, thighs or penis in a sexual way"
IF DIR2 OR DIR4 is displayed AND GENDER=2, then I-ON-I_FILL = "another inmate touching
your butt, thighs, breasts, or vagina in a sexual way"
IF DIR2 OR DIR4 is displayed AND GENDER=3, then I-ON-I_FILL = "another inmate touching
your butt, thighs, breasts, penis, or vagina in a sexual way"
IF DIR5 is displayed AND
inmate or another inmate
IF DIR5 is displayed AND
inmate or another inmate
IF DIR5 is displayed AND
inmate or another inmate

Question ID:

GENDER=1, then I-ON-I_FILL = "sex or sexual contact with another
touching your butt, thighs, or penis in a sexual way"
GENDER=2, then I-ON-I_FILL = "sex or sexual contact with another
touching your butt, thighs, breasts, or vagina in a sexual way"
GENDER=3, then I-ON-I_FILL = "sex or sexual contact with another
touching your butt, thighs, breasts, penis, or vagina in a sexual way"

IIC1

Did this [RECENT_FILL] of [I-ON-I_FILL] happen in [CURRENT YEAR] or [CURRENT YEAR -1]?
1

CURRENT YEAR

2

CURRENT YEAR - 1
DK/REF

Box ID:

PB_IIC2

DEFINE IIC1_FILL:
IF IIC1=1, then IIC1_FILL=CURRENT YEAR
IF IIC1=2, then, IIC1_FILL=CURRENT YEAR - 1
IF IIC1 NE DK OR RF, CONTINUE TO IIC2, ELSE GO TO IIC3

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Question ID:

IIC2

In what month in [IIC1_FILL] did this [RECENT_FILL] happen/In what month did this
[RECENT_FILL] happen]?

IF IIC1=1, DISPLAY: JANUARY UP TO CURRENT MONTH IN THE YEAR AS RESPONSE OPTIONS
IF IIC1 NE DK OR REF, DISPLAY FILL= "In what month in [IIC1_FILL] did this [RECENT_FILL]
happen"
[IF IIC1 = DK OR REF, DISPLAY FILL = "In what month did this [RECENT_FILL] happen"
1

January

2

February

3

March

4

April

5

May

6

June

7

July

8

August

9

September

10

October

11

November

12

December
DK/REF

Question ID:

IIC3

Did the [RECENT_FILL] happen...
items IIC3a - IIC3d should be displayed on the same screen as much as space allows
Question ID:

IIC3a

Between 6:00 in the morning and noon?

Question ID:

1

Yes

2

No

--

DK/RF

IIC3b

After noon but before 6:00 in the evening?
1

Yes

2

No

--

DK/RF

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Question ID:

IIC3c

After 6:00 in the evening but before midnight?

Question ID:

1

Yes

2

No

--

DK/RF

IIC3d

After midnight but before 6:00 in the morning?

Question ID:

1

Yes

2

No

--

DK/RF

IIC4

Where did the [RECENT_FILL] happen?
items IIC4a - IIC4d should be displayed on the same screen as much as space allows
Question ID:

IIC4a

In your own cell, room, or sleeping area?

Question ID:

1

Yes

2

No

--

DK/REF

IIC4b

In the cell, room, or housing area of another inmate?

Question ID:

1

Yes

2

No

--

DK/RF

IIC4c

Somewhere else in the facility?

Question ID:

1

Yes

2

No

--

DK/RF

GO TO IIC5

IIC4d

Off facility grounds?

1

Yes

2

No

--

DK/RF

NIS-4 Jails Survey
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GO TO IIC6

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Question ID:

IIC5

Where were you when the incident happened?
items IIC5a - IIC5h should be displayed on the same screen as much as space allows
Question ID:

IIC5a

In a shower?

Question ID:

1

Yes

2

No

--

DK/RF

IIC5b

In a bathroom?

Question ID:

1

Yes

2

No

--

DK/RF

IIC5c

In the yard or recreation area?

Question ID:

1

Yes

2

No

--

DK/RF

IIC5d

In a classroom or library?

Question ID:

1

Yes

2

No

--

DK/RF

IIC5e

In a workshop, kitchen, or other workplace?

Question ID:

1

Yes

2

No

--

DK/RF

IIC5f

In a closet?
1

Yes

2

No

--

DK/RF

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Question ID:

IIC5g

In an office or other locked room?

Question ID:

1

Yes

2

No

--

DK/RF

IIC5h

On the stairs?

Box ID:

1

Yes

2

No

--

DK/RF

PB_IIC2a_

IF IIC4d=1, CONTINUE TO IIC6, ELSE GO TO IIC7
Question ID:

IIC6

Where were you when the incident happened?
items IIC6a - IIC6d should be displayed on the same screen as much as space allows
Question ID:

IIC6a

A bus, van, or car?

Question ID:

1

Yes

2

No

--

DK/RF

IIC6b

A courthouse?

Question ID:

1

Yes

2

No

--

DK/RF

IIC6c

Some type of temporary holding facility?
1

Yes

2

No

--

DK/RF

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Question ID:

IIC6d

A hospital or other type of medical facility?

Question ID:

1

Yes

2

No

--

DK/RF

IIC7

Just before or during this [RECENT_FILL], which, if any of these things, happened? Were
you...
items IIC7a - IIC7j should be displayed on the same screen as much as space allows
Question ID:

IIC7a

Persuaded or talked into the sex or sexual contact?

Question ID:

1

Yes

2

No

--

DK/RF

IIC7b

Given a bribe?

Question ID:

1

Yes

2

No

--

DK/RF

IIC7c

Blackmailed?

Question ID:

1

Yes

2

No

--

DK/RF

IIC7d

Given drugs or alcohol to get you drunk or high?
1

Yes

2

No

--

DK/RF

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Question ID:

IIC7e

Offered protection from other inmates?

Question ID:

1

Yes

2

No

--

DK/RF

IIC7f

Trying to pay off or settle a debt that you owed?

Question ID:

1

Yes

2

No

--

DK/RF

IIC7g

Threatened with harm?

Question ID:

1

Yes

2

No

--

DK/RF

IIC7h

Physically held down or restrained?

Question ID:

1

Yes

2

No

--

DK/RF

IIC7i

Physically harmed or injured?

Question ID:

1

Yes

2

No

--

DK/RF

IIC7j

Threatened with a weapon?

Question ID:

1

Yes

2

No

--

DK/RF

IIC8

Do you think this [RECENT_FILL] happened because of your...
items IIC8a - IIC8e should be displayed on the same screen as much as space allows

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National Inmate Survey: Year 4

Question ID:

IIC8a

Race or ethnicity?

Question ID:

1

Yes

2

No

--

DK/RF

IIC8b

Age?

Question ID:

1

Yes

2

No

--

DK/RF

IIC8c

Religion?

Question ID:

1

Yes

2

No

--

DK/RF

IIC8d

Gang affiliation?

Box ID:

1

Yes

2

No

--

DK/RF

PB_IIC2ab

IF GENDER=3, CONTINUE TO IIC8e, ELSE GO TO PB_IIC3
Question ID:

IIC8e

Gender identity?

Box ID:

1

Yes

2

No

--

DK/RF

PB_IIC3

IF D2 = 1 OR 3 OR 4, CONTINUE TO IIC33, ELSE GO TO IIC9

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Question ID:

IIC33

Do you think this [RECENT_FILL] happened because you are [SexualOrientationFill]?
1

Yes

2

No
DK/REF

Question ID:

IIC9

During this [RECENT_FILL], did one inmate or more than one inmate have sexual contact with
you?
1

One inmate

GO TO IIC10a

2

More than one inmate

GO TO IIC10b

DK/REF
Question ID:

IIC10a

Was the other inmate male, female, or transgender?
1

Male

2

Female

3

Transgender
DK/REF

Question ID:

IIC10b

Were any of the inmates involved in this incident...
items IIC10b1-IIC10b3 should be displayed on the same screen as much as space allows
Question ID:

IIC10b1

Male?

Question ID:

1

Yes

2

No

--

DK/RF

IIC10b2

Female?

Question ID:

1

Yes

2

No

--

DK/RF

IIC10b3

Transgender?
1

Yes

2

No

--

DK/RF

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Box ID:

PB_IIC4

DEFINE PerpGenderFill1:
If IIC9=1 AND IIC10a=1
then PerpGenderFill1= "he"
IF HC9=1 AND IIC10a=2
then PerpGenderFill1= "she"
IF IIC9=1 AND IIC10a=3
then PerpGenderFill1= "they"
If IIC9=2
then PerpGenderFill1= "they"
DEFINE PerpGenderFill2:
If HC9=1 AND IIC10a=1
then PerpGenderFill2= "his"
If HC9=1 AND IIC10a=2
then PerpGenderFill2= "her"
If HC9=1 AND IIC10a=3
then PerpGenderFill2= "their"
If IIC9=2
then PerpGenderFill2= "their"

Question ID:

IIC11

[Was the other inmate/Were any of the other inmates] of Hispanic, Latino, or Spanish origin?

IF IIC9=1, DISPLAY FILL= "Was the other inmate"
IF IIC9= 2, DISPLAY FILL = "Were any of the other inmates"
1

Yes

2

No
DK/REF

Question ID:

IIC12

[Was the other inmate.../Were any of the other inmates...]

IF IIC9=1, DISPLAY FILL= "Was the other inmate..."
IF IIC9= 2, DISPLAY FILL = "Were any of the other inmates..."

NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

IIC12a

White?

Question ID:

1

Yes

2

No

--

DK/REF

IIC12b

Black or African American?

Question ID:

1

Yes

2

No

--

DK/RF

IIC12c

American Indian or Alaska Native?

Question ID:

1

Yes

2

No

--

DK/RF

IIC12d

Asian?

Question ID:

1

Yes

2

No

--

DK/RF

IIC12e

Native Hawaiian or other Pacific Islander?

Box ID:

1

Yes

2

No

--

DK/RF

PB_IIC5

IF IIC9=1, CONTINUE TO IIC13a, ELSE GO TO PB_IIC6

NIS-4 Jails Survey
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104

July 15, 2022

National Inmate Survey: Year 4

Question ID:

IIC13a

How old was this other inmate?
1

Under 25

2

25 - 34

3

35 - 44

4

45 - 54

5

55 or older
DK/REF

Box ID:

PB_IIC6

IF IIC9=2, CONTINUE TO IIC13b, ELSE GO TO PB_IIC7
Question ID:

IIC13b

Were any of the inmates...
items IIC13b1 - IIC13b3 should be displayed on the same screen as much as space allows
Question ID:

IIC13b1

Older than you?

Question ID:

1

Yes

2

No

--

DK/RF

IIC13b2

Younger than you?

Question ID:

1

Yes

2

No

--

DK/RF

IIC13b3

About the same age as you?

Box ID:

1

Yes

2

No

--

DK/RF

PB_IIC7

IF IIC13a=DK, CONTINUE TO IIC13DK, ELSE GO TO PB_IIC8
NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

IIC13DK

Was this other inmate older than you, younger than you or about the same age as you?
1

Older than you

2

Younger than you

3

About the same age as you
DK/REF

Box ID:

PB_IIC8

IF IIC9=1, CONTINUE TO IIC14a, ELSE GO TO PB_IIC9
Question ID:

IIC14a

At the time this [RECENT_FILL] occurred, was this other inmate assigned to the same housing
unit, pod, or dormitory as you?
1

Yes

2

No
DK/REF

Box ID:

PB_IIC9

IF IIC9=2, CONTINUE TO IIC14b, ELSE GO TO PB_IIC10
Question ID:

IIC14b

At the time this [RECENT_FILL] occurred, were any of these inmates assigned to the same
housing unit, pod, or dormitory as you?
1

Yes

2

No
DK/REF

Box ID:

PB_IIC10

IF IIC9=1, CONTINUE TO IIC15a, ELSE GO TO PB_IIC11

NIS-4 Jails Survey
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July 15, 2022

National Inmate Survey: Year 4

Question ID:

IIC15a

How well did you know this other inmate at the time the [RECENT_FILL] occurred?
1

Did not know the inmate at all

2

Knew the inmate only a little

3

Knew the inmate but not well

4

Knew the inmate very well
DK/REF

Box ID:

PB_IIC11

IF IIC9=2, CONTINUE TO IIC15b, ELSE GO TO PB_IIC12
Question ID:

IIC15b

Did you know these inmates at the time the [RECENT_FILL] occurred?
1

You knew all the inmates who were involved

2

You knew some of the inmates who were
involved

3

You did not know any of the inmates who were
involved
DK/REF

Box ID:

PB_IIC12

IF IIC9=1, CONTINUE TO IIC16a, ELSE GO TO PB_IIC13
Question ID:

IIC16a

Was this other inmate a member of a gang?
1

Yes

2

No
DK/REF

Box ID:

PB_IIC13

IF IIC9=2, CONTINUE TO IIC16b, ELSE GO TO IIC17

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National Inmate Survey: Year 4

Question ID:

IIC16b

Were any of these inmates members of a gang?
1

Yes

2

No
DK/REF

Question ID:

IIC17

Before this incident happened, were you worried that [this inmate/any of these inmates]
might be planning to have sex or sexual contact with you?

IF IIC9=1, DISPLAY FILL= "this inmate"
IF IIC9=2, DISPLAY FILL =any of these inmates"
1

Yes

2

No
DK/REF

Question ID:

IIC18

Before this incident happened, had you had any arguments or fights with [this inmate/any of
these inmates]?

IF IIC9=1, DISPLAY FILL= "this inmate"
IF IIC9=2, DISPLAY FILL= "any of these inmates"
1

Yes

2

No
DK/REF

Question ID:

IIC19

Were you injured during this [RECENT_FILL]?
1

Yes

2

No

GO TO IIC20

DK/REF
Question ID:

IIC20

How were you injured during the incident? Did you...
items IIC20a - IIC20g should be displayed on the same screen as much as space allows

NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

IIC20a

Receive knife or stab wounds?

Question ID:

1

Yes

2

No

--

DK/RF

IIC20b

Receive broken bones?

Question ID:

1

Yes

2

No

--

DK/RF

IIC20c

Have [anal/anal or vaginal] tearing?
IF GENDER=1, DISPLAY FILL= "anal"
IF GENDER=2 or 3, DISPLAY FILL= "anal or vaginal"

Question ID:

1

Yes

2

No

--

DK/RF

IIC20d

Have your teeth chipped or knocked out?

Question ID:

1

Yes

2

No

--

DK/RF

IIC20e

Receive internal injuries?

Question ID:

1

Yes

2

No

--

DK/RF

IIC20f

Get knocked unconscious?
1

Yes

2

No

--

DK/RF

NIS-4 Jails Survey
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July 15, 2022

National Inmate Survey: Year 4

Question ID:

IIC20g

Receive bruises, a black eye, sprains, cuts, scratches, swelling, welts, or burns?

Box ID:

1

Yes

2

No

--

DK/RF

PB_IIC14

IF IIC19=1, CONTINUE TO IIC21, ELSE GO TO IIC22
Question ID:

IIC21

As a result of any of the injuries you received during this incident, did you see a doctor, nurse,
or other health care provider for any of the injuries you received?
1

Yes

2

No
DK/REF

Question ID:

IIC22

Did [this inmate/these inmates] do any of the following things after the incident happened?

IF IIC9=1, DISPLAY FILL= "this inmate"
IF IIC9=2, DISPLAY FILL= "these inmates"
Question ID:

IIC22a

Gave you gifts or money so that you would keep it a secret?

Question ID:

1

Yes

2

No

--

DK/RF

IIC22b

Threatened to hurt you so that you would keep it a secret?
1

Yes

2

No

--

DK/RF

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

IIC22c

Said [PerpGenderFill1] would blame it on you if you told anyone?

Question ID:

1

Yes

2

No

--

DK/RF

IIC22d

Said [PerpGenderFill1] would stop spending time with you if you told anyone?

Question ID:

1

Yes

2

No

--

DK/RF

IIC22e

Had some type of sexual contact with you again?

Question ID:

1

Yes

2

No

--

DK/RF

IIC22f

Ignored you or stayed away from you?

Question ID:

1

Yes

2

No

--

DK/RF

IIC22g

Threatened to harm your family?

Question ID:

1

Yes

2

No

--

DK/RF

IIC22h

Hurt you or beat you up?
1

Yes

2

No

--

DK/RF

NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

IIC23

Did you report this [RECENT_FILL] to anyone?
1

Yes

2

No

GO TO IIC24

DK/REF
Question ID:

IIC24

Did you report the incident to...
items IIC24a - IIC24k should be displayed on the same screen as much as space allows
Question ID:

IIC24a

A correctional officer?

Question ID:

1

Yes

2

No

--

DK/RF

IIC24b

An administrative staff person?

Question ID:

1

Yes

2

No

--

DK/RF

IIC24c

A medical or healthcare staff person?

Question ID:

1

Yes

2

No

--

DK/RF

IIC24d

An instructor or teacher?

Question ID:

1

Yes

2

No

--

DK/RF

IIC24e

A counselor or other mental health care provider?
1

Yes

2

No

--

DK/RF

NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

IIC24f

A chaplain or other religious official?

Question ID:

1

Yes

2

No

--

DK/RF

IIC24g

A volunteer?

Question ID:

1

Yes

2

No

--

DK/RF

IIC24h

Some other type of facility staff person?

Question ID:

1

Yes

2

No

--

DK/RF

IIC24i

A telephone hotline?

Question ID:

1

Yes

2

No

--

DK/RF

IIC24j

Another inmate?

Question ID:

1

Yes

2

No

--

DK/RF

IIC24k

A family member or friend?
1

Yes

2

No

--

DK/RF

NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

IIC25

At the time the [RECENT_FILL] happened, were any other inmates aware that it was
happening?
1

Yes

2

No
DK/REF

Question ID:

IIC26

At the time the [RECENT_FILL] happened, were any staff at the facility aware that it was
happening?
1

Yes

2

No
DK/REF

Box ID:

PBIIC15

IF IIC23=1 CONTINUE TO IIC27, ELSE GO TO PB_IIC16
Question ID:

IIC27

Did any of the following things happen to you as a result of the report you made?
items IIC27a - IIC27f should be displayed on the same screen as much as space allows
Question ID:

IIC27a

You were moved to administrative segregation or some other protective housing?

Question ID:

1

Yes

2

No

--

DK/RF

IIC27b

You were placed in a medical unit, ward, or hospital?

Question ID:

1

Yes

2

No

--

DK/RF

IIC27c

You were confined to your own cell, room, or housing area?
1

Yes

2

No

--

DK/RF

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National Inmate Survey: Year 4

Question ID:

IIC27d

You were given a higher level of custody within the facility?

Question ID:

1

Yes

2

No

--

DK/RF

IIC27e

You were offered a transfer to another facility?

Question ID:

1

Yes

2

No

--

DK/RF

IIC27f

You were written up?

Box ID:

1

Yes

2

No

--

DK/RF

PB_IIC16

IF IIC9=1 AND IIC23=1, CONTINUE TO IIC28a, ELSE GO TO PB_IIC17
Question ID:

IIC28a

Did any of the following things happen to the inmate who had sex or sexual contact with you?
items IIC28a1 - IIC28a8 should be displayed on the same screen as much as space allows
Question ID:

IIC28a1

The inmate was moved to administrative segregation or some other protective housing?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28a2

The inmate was placed in a medical unit, ward, or hospital?
1

Yes

2

No

--

DK/RF

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National Inmate Survey: Year 4

Question ID:

IIC28a3

The inmate was confined to [PerpGenderFill2] own cell, room, or housing area?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28a4

The inmate was given a higher level of custody at this facility?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28a5

The inmate was transferred to another facility?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28a6

The inmate was written up?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28a7

The inmate lost privileges?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28a8

The inmate was charged with a crime?

Box ID:

1

Yes

2

No

--

DK/RF

PB_IIC17

IF IIC9=2 AND IIC23=1, CONTINUE TO IIC28b, ELSE GO TO IIC29
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National Inmate Survey: Year 4

Question ID:

IIC28b

Did any of the following things happen to the inmates who had sex or sexual contact with you?
items IIC28b1 - IIC28b8 should be displayed on the same screen as much as space allows
Question ID:

IIC28b1

One or more of the inmates were moved to administrative segregation or some other protective
housing?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28b2

One or more of the inmates were placed in a medical unit, ward, or hospital?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28b3

One or more of the inmates were confined to their own cell, room, or housing area?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28b4

One or more of the inmates were given a higher level of custody at this facility?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28b5

One or more of the inmates were transferred to another facility?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28b6

One or more of the inmates were written up?
1

Yes

2

No

--

DK/RF

NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

IIC28b7

One or more of the inmates lost privileges?

Question ID:

1

Yes

2

No

--

DK/RF

IIC28b8

One or more of the inmates were charged with a crime?

Question ID:

1

Yes

2

No

--

DK/RF

IIC29

Since this [RECENT_FILL] happened, [has this inmate/have any of these inmates]
attempted any type of sexual contact with you?

IF IIC9=1, DISPLAY FILL= "has this inmate"
IF IIC9=2, DISPLAY FILL= "have any of these inmates"
1

Yes

2

No
DK/REF

Question ID:

IIC30

Since this [RECENT_FILL] happened, have you been worried that [this inmate will/any of
these inmates would] try to initiate sexual contact with you again?

IF IIC9 = 1 AND IIC29 NE 1, DISPLAY FILL= "this inmate will"
IF IIC9 = 2 AND IIC29 NE 1, DISPLAY FILL= "any of these inmates would"
1

Yes

2

No
DK/REF

Question ID:

IIC31

Since this [RECENT_FILL] happened, have you done any of the following things to reduce
the chance that you would have to have sexual contact again?
items IIC31a - IIC31o should be displayed on the same screen as much as space allows

NIS-4 Jails Survey
Westat

118

July 15, 2022

National Inmate Survey: Year 4

Question ID:

IIC31a

Joined a gang?

Question ID:

1

Yes

2

No

--

DK/RF

IIC31b

Carried a weapon?

Question ID:

1

Yes

2

No

--

DK/RF

IIC31c

Fought more?
1

Yes

2

No
DK/RF

Question ID:

IIC31d

Worked out in order to bulk up?
1

Yes

2

No
DK/RF

Question ID:

IIC31e

Avoided certain areas?
1

Yes

2

No
DK/RF

Question ID:

IIC31f

Kept to yourself more?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
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119

July 15, 2022

National Inmate Survey: Year 4

Question ID:

IIC31g

Stayed in your own cell or housing area more?
1

Yes

2

No
DK/RF

Question ID:

IIC31h

Joined a religious group?
1

Yes

2

No
DK/RF

Question ID:

IIC31i

Avoided certain inmates?
1

Yes

2

No
DK/RF

Question ID:

IIC31j

Requested protective custody?
1

Yes

2

No
DK/RF

Question ID:

IIC31k

Requested transfer to another facility?
1

Yes

2

No
DK/RF

Question ID:

IIC31l

Requested a different housing unit, pod, or dormitory?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
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120

July 15, 2022

National Inmate Survey: Year 4

Question ID:

IIC31m

Contacted someone on the outside for help?
1

Yes

2

No
DK/RF

Question ID:

IIC31n

Tried to stay near facility staff?
1

Yes

2

No
DK/RF

Question ID:

IIC31o

Paid another inmate for protection?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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National Inmate Survey: Year 4

DETERMINATION OF SPECIFIC INCIDENT FOR STAFF
INCIDENT REPORT (DIRS)
Question ID:

DIRS1

[Earlier you reported that, DOAFILL2, you had sex or sexual contact with a facility staff person
more than 1 time./As you answer the next questions please think about the most recent time
when you had sex or sexual contact with a facility staff person./Please think about the most
recent time this happened. Which of the following types of sex or sexual contact did you have
with a facility staff person?]
IF G3 + G6 = GT 1 TIME,DISPLAY FILL ="Earlier you reported that, DOAFILL2, you had sex or
sexual contact with a facility staff person more than 1 time"
IF only one of (G11a, G11b, G11c, G11d, G11e) is YES, DISPLAY FILL= "As you answer the next
questions please think about the most recent time when you had sex or sexual contact with a
facility staff person"
IF at least two of (G11a, G11b, G11c, G11d, G11e) are YES, DISPLAY FILL ="Please think about
the most recent time this happened. Which of the following types of sex or sexual contact did
you have with a facility staff person"
Box ID:

PB_DIRSa

IF G11a=1, CONTINUE TO DIRS1a, ELSE GO TO PB_DIRSb
Question ID:

DIRS1a

You touched a facility staff person's body or had your body touched in a sexual way?
1

Yes

2

No
DK/RF

Box ID:

PB_DIRSb

IF G11b=1, CONTINUE TO DIRS1b, ELSE GO TO PB_DIRSc
Question ID:

DIRS1b

You gave or received a handjob?
1

Yes

2

No
DK/RF

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National Inmate Survey: Year 4

Box ID:

PB_DIRSc

IF G11c=1, CONTINUE TO DIRS1c, ELSE GO TO PB_DIRSd
Question ID:

DIRS1c

You gave or received oral sex or a blowjob?
1

Yes

2

No
DK/RF

Box ID:

PB_DIRSd

IF G11d=1, CONTINUE TO DIRS1d, ELSE GO TO PB_DIRSe
Question ID:

DIRS1d

You had vaginal sex?
1

Yes

2

No
DK/RF

Box ID:

PB_DIRSe

IF G11e=1, CONTINUE TO DIRS1e, ELSE GO TO PB_DIRS1
Question ID:

DIRS1e

You had anal sex?
1

Yes

2

No
DK/RF

Box ID:

PB_DIRS1

As you answer the next questions please think about this most recent time when you had sex
or sexual contact with a facility staff person.
Touch the NEXT button to go to the next screen.
IF G3 + G6 = 1 TIME, CONTINUE TO DIRS2, ELSE GO TO PB_DIRS2

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National Inmate Survey: Year 4

Question ID:

DIRS2

Earlier you reported that DOAFILL2 you had sex or sexual contact with a facility staff person 1
time. Please think about that experience as you answer the next questions.
Touch the NEXT button to go to the next screen.
Box ID:

PB_DIRS2

IF (G6 = DK OR REF) AND (G3 = DK OR REF) OR (G2 <> 1 AND G6 = DK OR REF) OR ((G4
AND G5 <> 1) AND G3 = DK OR REF), CONTINUE TO DIRS3, ELSE GO TO PB_DIRS3
Question ID:

DIRS3

Earlier you reported that, DOAFILL2, you had sex or sexual contact with a facility staff person.
Please think about that experience as you answer the next questions.
Touch the NEXT button to go to the next screen.
Box ID:

PB_DIRS3

IF DIRS1 OR DIRS2 OR DIRS3 IS DISPLAYED, CONTINUE WITH THIS MODULE (SI), ELSE SKIP
TO VICTIMIZATION WHILE INCARCERATED (X).

NIS-4 Jails Survey
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National Inmate Survey: Year 4

INCIDENT CHARACTERISTICS FOR STAFF-ON-INMATE
VICTIMIZATION (SI)
Box ID:

PB_SIC1

DEFINE RECENT_FILL2:
IF DIRS1 is displayed, then RECENT_FILL2 = "most recent incident" IF DIRS2 OR DIRS3 is
displayed, then RECENT_FILL2 = "incident"

Question ID:

SI1

Did this [RECENT_FILL2] of sex or sexual contact with a facility staff person happen in
[CURRENT YEAR] or [CURRENT YEAR -1]?
1

CURRENT YEAR

2

CURRENT YEAR - 1
DK/REF

Box ID:

PB_SIC2

DEFINE SI1_FILL:
IF SI1=1, then SI_FILL=CURRENT YEAR
IF SI1=2, then SI_FILL=CURRENT YEAR - 1

NIS-4 Jails Survey
Westat

125

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National Inmate Survey: Year 4

Question ID:

SI2

[In what month in [SI1_FILL] did this [RECENT_FILL2] happen/In what month did this
[RECENT_FILL2] happen]?

IF SI1=1, DISPLAY: JANUARY UP TO CURRENT MONTH IN THE YEAR AS RESPONSE OPTIONS
IF SI1 NE DK OR REF, DISPLAY FILL= "In what month in [SI1_FILL] did this [RECENT_FILL2]
happen"
IF SI1= DK OR REF, DISPLAY FILL= "In what month did this [RECENT_FILL2] happen"
1

January

2

February

3

March

4

April

5

May

6

June

7

July

8

August

9

September

10

October

11

November

12

December
DK/REF

Question ID:

SI3

Did the [RECENT_FILL2] happen...
items SI3a - SI3d should be displayed on the same screen as much as space allows
Question ID:

SI3a

Between 6:00 in the morning and noon?
1

Yes

2

No
DK/RF

Question ID:

SI3b

After noon but before 6:00 in the evening?
1

Yes

2

No
DK/RF

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National Inmate Survey: Year 4

Question ID:

SI3c

After 6:00 in the evening but before midnight?
1

Yes

2

No
DK/RF

Question ID:

SI3d

After midnight but before 6:00 in the morning?
1

Yes

2

No
DK/RF

Question ID:

SI4

Where did the [RECENT_FILL2] happen?
items SI4a - SI4d should be displayed on the same screen as much as space allows
Question ID:

SI4a

In your own cell, room, or sleeping area?
1

Yes

2

No
DK/RF

Question ID:

SI4b

In the cell, room, or housing area of another inmate?
1

Yes

2

No
DK/RF

Question ID:

SI4c

Somewhere else in the facility?
1

Yes

2

No

GO TO SI5

DK/RF
Question ID:

SI4d

Off facility grounds?

1

Yes

2

No

GO TO SI6

DK/RF
NIS-4 Jails Survey
Westat

127

July 15, 2022

National Inmate Survey: Year 4

Box ID:

PB_SIC2_a

If SI4c=1 CONTINUE TO SI5, ELSE GO TO PB_SIC2_aa
Question ID:

SI5

Where were you when the incident happened?
items SI5a - SI5h should be displayed on the same screen as much as space allows
Question ID:

SI5a

In a shower?
1

Yes

2

No
DK/RF

Question ID:

SI5b

In a bathroom?
1

Yes

2

No
DK/RF

Question ID:

SI5c

In the yard or recreation area?
1

Yes

2

No
DK/RF

Question ID:

SI5d

In a classroom or library?
1

Yes

2

No
DK/RF

Question ID:

SI5e

In a workshop, kitchen, or other workplace?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

128

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI5f

In a closet?
1

Yes

2

No
DK/RF

Question ID:

SI5g

In an office or other locked room?
1

Yes

2

No
DK/RF

Question ID:

SI5h

On the stairs?

1

Yes

2

No
DK/RF

Box ID:

PB_SIC2_aa

If SI4d=1 CONTINUE TO SI6, ELSE GO TO SI9
Question ID:

SI6

Where were you when the incident happened?
items SI6a - SI6d should be displayed on the same screen as much as space allows
Question ID:

SI6a

A bus, van, or car?
1

Yes

2

No
DK/RF

Question ID:

SI6b

A courthouse?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

129

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI6c

Some type of temporary holding facility?
1

Yes

2

No
DK/RF

Question ID:

SI6d

A hospital or other type of medical facility?
1

Yes

2

No
DK/RF

Question ID:

SI9

Just before or during this [RECENT_FILL2], which, if any, of these things happened? Were
you...
items SI9a - SI9m should be displayed on the same screen as much as space allows
Question ID:

SI9a

Persuaded or talked into the sex or sexual contact?
1

Yes

2

No
DK/RF

Question ID:

SI9b

Given a bribe?
1

Yes

2

No
DK/RF

Question ID:

SI9c

Blackmailed?
1

Yes

2

No
DK/RF

Question ID:

SI9d

Given drugs or alcohol to get you drunk or high?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

130

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI9e

Offered protection from other inmates?
1

Yes

2

No
DK/RF

Question ID:

SI9f

Trying to pay off or settle a debt that you owed?
1

Yes

2

No
DK/RF

Question ID:

SI9g

Threatened with harm?
1

Yes

2

No
DK/RF

Question ID:

SI9h

Physically held down or restrained?
1

Yes

2

No
DK/RF

Question ID:

SI9i

Physically harmed or injured?
1

Yes

2

No
DK/RF

Question ID:

SI9j

Threatened with a weapon?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

131

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI9l

Told that your family would be deported?
1

Yes

2

No
DK/RF

Question ID:

SI9m

Told that you would lose visitation privileges?
1

Yes

2

No
DK/RF

Box ID:

PB_SIC3

DEFINE TOUCHING ONLY:
IF G11a=1 AND G11b=2 AND G11c=2 AND G11d=2 AND G11e=2 Then TOUCHING ONLY=1
Else TOUCHING ONLY=0
IF TOUCHING ONLY=1, CONTINUE TO SI7, ELSE GO TO PB_SIC3a
Question ID:

SI7

Did this incident happen as part of a strip search?
1

Yes

2

No
DK/REF

Box ID:

PB_SIC3a

IF TOUCHING ONLY=1 AND SI7 NE 1, CONTINUE TO SI8, ELSE GO TO SI10
Question ID:

SI8

Did this incident happen as part of a pat down?
1

Yes

2

No
DK/REF

NIS-4 Jails Survey
Westat

132

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI10

During this [RECENT_FILL2] did one staff person or more than one staff person have sex or
sexual contact with you?
1

One staff person

2

More than one staff person
DK/REF

Question ID:

SI11

Do you think this [RECENT_FILL2] happened because of your...
items SI11a-SI11e should be displayed on the same screen as much as space allows
Question ID:

SI11a

Race or ethnicity?
1

Yes

2

No
DK/RF

Question ID:

SI11b

Age?
1

Yes

2

No
DK/RF

Question ID:

SI11c

Religion?
1

Yes

2

No
DK/RF

Question ID:

SI11d

Gang affiliation?

1

Yes

2

No
DK/RF

Box ID:

PB_SIC3ab

IF GENDER=3, CONTINUE TO SI11e, ELSE GO TO PB_SIC3c
NIS-4 Jails Survey
Westat

133

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI11e

Gender identity?

1

Yes

2

No
DK/RF

Box ID:

PB_SIC3c

IF D2 = 1 OR 3 OR 4, CONTINUE TO SI32, ELSE GO TO PB_SIC3d
Question ID:

SI32

Do you think this [RECENT_FILL2] happened because you are [SexualOrientationFill]?
1

Yes

2

No
DK/REF

Box ID:

PB_SIC3d

IF SI10 = 1, CONTINUE TO SI12a, ELSE GO TO PB_SIC3e
Question ID:

SI12a

Was the staff person male or female?
1

Male

2

Female
DK/REF

Box ID:

PB_SIC3e

IF SI10 = 2 OR DK OR REF, CONTINUE TO SI12b, ELSE GO TO PB_SIC4
Question ID:

SI12b

Were any of the staff involved in this incident...
items SI12b1 - SI12b2 should be displayed on the same screen as much as space allows

NIS-4 Jails Survey
Westat

134

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI12b1

Male?

Question ID:

1

Yes

2

No

--

DK/RF

SI12b2

Female?

Box ID:

1

Yes

2

No

--

DK/RF

PB_SIC4

DEFINE StaffGenderFill1:
IF SI10=1 AND SI12a=1, then StaffGenderFill1 = "he"
IF SI10=1 AND SI12a=2, then StaffGenderFill1= "she"
IF SI10=2 OR DK OR REF, then StaffGenderFill1= "they"
DEFINE StaffGenderFill2:
IF SI10=1 AND SI12a=1, then StaffGenderFill2 = "his"
IF SI10=1 AND SI12a=2, then StaffGenderFill2= "her"
IF SI10=2 OR DK OR REF, then StaffGenderFill2= "their"
DEFINE StaffGenderFill3:
IF SI10=1 AND SI12a=1, then StaffGenderFill3 = "himself"
IF SI10=1 AND SI12a=2, then StaffGenderFill3= "herself"
IF SI10=2 OR DK OR REF, then StaffGenderFill3= "themselves"

Question ID:

SI13

[Was the staff person/Were any of the staff] of Hispanic, Latino, or Spanish origin?

IF SI10 = 1, DISPLAY FILL= "Was the staff person"
IF SI10=2 OR DK OR RF, DISPLAY FILL= "Were any of the staff"
1

Yes

2

No
DK/REF

NIS-4 Jails Survey
Westat

135

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI14

[Was the staff person.../Were any of the staff...]
IF SI10 = 1, DISPLAY FILL= "Was the staff person"
IF SI10=2 OR DK OR RF, DISPLAY FILL= "Were any of the staff"
Question ID:

SI14a

White?
1

Yes

2

No
DK/RF

Question ID:

SI14b

Black or African American?
1

Yes

2

No
DK/RF

Question ID:

SI14c

American Indian or Alaska Native?
1

Yes

2

No
DK/RF

Question ID:

SI14d

Asian?
1

Yes

2

No
DK/RF

Question ID:

SI14e

Native Hawaiian or other Pacific Islander?
1

Yes

2

No
DK/RF

Box ID:

PB-SIC4a

IF SI10=1 CONTINUE TO SI15a, ELSE GO TO PB_SIC4b

NIS-4 Jails Survey
Westat

136

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI15a

How old was this staff person?
1

Under 25

2

25 - 34

3

35 - 44

4

45 - 54

5

55 or older
DK/REF

Box ID:

PB_SIC4b

IF SI10 = 2 OR DK OR REF, CONTINUE TO SI15b, ELSE GO TO PB_SIC4c
Question ID:

SI15b

Were any of the staff...
items SI15b1 - SI15b3 should be displayed on the same screen as much as space allows
DK/REF
Question ID:

SI15b1

Older than you?
1

Yes

2

No
DK/RF

Question ID:

SI15b2

Younger than you?
1

Yes

2

No
DK/RF

Question ID:

SI15b3

About the same age as you?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

137

July 15, 2022

National Inmate Survey: Year 4

Box ID:

PB_SIC4c

IF SI15a = DK, CONTINUE TO SI15DK, ELSE GO TO PB_SIC4d
Question ID:

SI15DK

Was this staff person older than you, younger than you or about the same age as you?
1

Older than you

2

Younger than you

3

About the same age as you
DK/REF

Box ID:

PB_SIC4d

IF SI10 = 1, GO TO SI16a, ELSE GO TO PB_SIC4e
Question ID:

SI16a

Was the staff person who had sexual contact with you...
items SI16a1 - SI16a3 should be displayed on the same screen as much as space allows
Question ID:

SI16a1

A correctional officer?
1

Yes

2

No
DK/RF

Question ID:

SI16a2

Another staff person working in the facility?
1

Yes

2

No
DK/RF

Question ID:

SI16a3

A volunteer in the facility?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

138

July 15, 2022

National Inmate Survey: Year 4

Box ID:

PB_SIC4e

IF SI10 = 2 OR DK OR REF, GO TO SI16b, ELSE GO TO PB_SIC4f
Question ID:

SI16b

Were any of the staff who had sexual contact with you...
items SI16b1 - SI16b3 should be displayed on the same screen as much as space allows
Question ID:

SI16b1

Correctional officers?
1

Yes

2

No
DK/RF

Question ID:

SI16b2

Other staff working in the facility?
1

Yes

2

No
DK/RF

Question ID:

SI16b3

Volunteers in the facility?
1

Yes

2

No
DK/RF

Box ID:

PB_SIC4f

IF SI10 = 1, CONTINUE TO SI17a, ELSE GO TO PB_SIC4g
Question ID:

SI17a

Before the [RECENT_FILL2] happened, did any of these things ever happen?
items SI17a1 - SI17a9 should be displayed on the same screen as much as space allows
Question ID:

SI17a1

The staff person talked to you about [StaffGenderFill2] personal life outside of work?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

139

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI17a2

The staff person gave you pictures of [StaffGenderFill3]?
1

Yes

2

No
DK/RF

Question ID:

SI17a3

The staff person wrote letters to you?
1

Yes

2

No
DK/RF

Question ID:

SI17a4

The staff person offered you things like drugs, cigarettes, alcohol, or other things you are not
allowed to have in this facility?
1

Yes

2

No
DK/RF

Question ID:

SI17a5

The staff person offered you money?
1

Yes

2

No
DK/RF

Question ID:

SI17a6

The staff person did things for you to help you get out of trouble?
1

Yes

2

No
DK/RF

Question ID:

SI17a7

The staff person spent time alone with you and asked that you not tell anyone else about that
time?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

140

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI17a8

The staff person told you that [StaffGenderFill1] had special feelings for you or was in love with
you?
1

Yes

2

No
DK/RF

Question ID:

SI17a9

The staff person talked or joked with you about sex or shared sexual stories with you?
1

Yes

2

No
DK/RF

Box ID:

PB_SIC4g

IF SI10 = 2 OR DK OR REF, CONTINUE TO SI17b, ELSE GO TO SI18
Question ID:

SI17b

Before the [RECENT_FILL2] happened, did any of these things ever happen?
items SI17b1a - SI17b9 should be displayed on the same screen as much as space allows
Question ID:

SI17b1

One or more of the staff talked to you about his or her personal life outside of work?
1

Yes

2

No
DK/RF

Question ID:

SI17b2

One or more of the staff gave you pictures of themselves?
1

Yes

2

No
DK/RF

Question ID:

SI17b3

One or more of the staff wrote letters to you?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

141

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI17b4

One or more of the staff offered you things like drugs, cigarettes, alcohol, or other things you
are not allowed to have in this facility?
1

Yes

2

No
DK/RF

Question ID:

SI17b5

One or more of the staff offered you money?
1

Yes

2

No
DK/RF

Question ID:

SI17b6

One or more of the staff did things for you to help you get out of trouble?
1

Yes

2

No
DK/RF

Question ID:

SI17b7

One or more of the staff spent time alone with you and asked that you not tell anyone else
about that time?
1

Yes

2

No
DK/RF

Question ID:

SI17b8

One or more of the staff told you that they had special feelings for you or were in love with you?
1

Yes

2

No
DK/RF

Question ID:

SI17b9

One or more of the staff talked or joked with you about sex or shared sexual stories with you?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

142

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI18

During the [RECENT_FILL2] were you injured?
1

Yes

2

No
DK/REF

Box ID:

PB_SIC4h

[IF SI18 = 1, CONTINUE TO SI19, ELSE GO TO PB_SIC4i
Question ID:

SI19

How were you injured during the incident? Did you...
items SI19a - SI19i should be displayed on the same screen as much as space allows
Question ID:

SI19a

Receive knife or stab wounds?
1

Yes

2

No
DK/RF

Question ID:

SI19b

Receive broken bones?
1

Yes

2

No
DK/RF

Question ID:

SI19c

Have [anal/anal or vaginal] tearing?
IF GENDER=1, DISPLAY FILL= "anal"
IF GENDER=2 OR 3, DISPLAY FILL= "anal or vaginal"
1

Yes

2

No
DK/RF

Question ID:

SI19d

Have your teeth chipped or knocked out?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

143

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI19e

Receive internal injuries?
1

Yes

2

No
DK/RF

Question ID:

SI19f

Get knocked unconscious?
1

Yes

2

No
DK/RF

Question ID:

SI19g

Receive bruises, a black eye, sprains, cuts, scratches, swelling, welts, or burns?
1

Yes

2

No
DK/RF

Box ID:

PB_SIC4i

IF SI18 = 1, CONTINUE TO SI20, ELSE GO TO SI21
Question ID:

SI20

As a result of any of the injuries you received during this incident, did you see a doctor, nurse,
or other health care provider for any of the injuries you received?

Question ID:

1

Yes

2

No

SI21

[Did this staff person do any of the following things after the incident happened/Did any of the
staff involved do any of the following things after the [RECENT_FILL2] happened]?

IF SI10 = 1, DISPLAY FILL= "Did this staff person do any of the following things after the
incident happened"
IF SI10=2 OR DK OR RF, DISPLAY FILL= "Did any of the staff involved do any of the following
things after the [RECENT_FILL2] happened"

NIS-4 Jails Survey
Westat

144

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI21a

Gave you gifts or money so that you would keep it secret?
1

Yes

2

No
DK/RF

Question ID:

SI21b

Threatened to hurt you so that you would keep it secret?
1

Yes

2

No
DK/RF

Question ID:

SI21c

Said [StaffGenderFill1] would blame it on you if you told anyone?
1

Yes

2

No
DK/RF

Question ID:

SI21d

Said [StaffGenderFill1] would stop spending time with you if you told anyone?
1

Yes

2

No
DK/RF

Question ID:

SI21e

Had sexual contact with you again?
1

Yes

2

No
DK/RF

Question ID:

SI21f

Ignored you or stayed away from you?

1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

145

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI22

Did you report this [RECENT_FILL2] to anyone?
1

Yes

2

No
DK/REF

Box ID:

PB_SIC4j

IF SI22 = 1, CONTINUE TO SI23, ELSE GO TO SI24
Question ID:

SI23

Did you report the incident to...
items SI23a - SI23k should be displayed on the same screen as much as space allows
Question ID:

SI23a

A correctional officer?
1

Yes

2

No
DK/RF

Question ID:

SI23b

An administrative staff person?
1

Yes

2

No
DK/RF

Question ID:

SI23c

A medical or healthcare staff person?
1

Yes

2

No
DK/RF

Question ID:

SI23d

An instructor or teacher?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

146

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI23e

A counselor or other mental health care provider?
1

Yes

2

No
DK/RF

Question ID:

SI23f

A chaplain or other religious official?
1

Yes

2

No
DK/RF

Question ID:

SI23g

A volunteer?
1

Yes

2

No
DK/RF

Question ID:

SI23h

Some other type of facility staff person?
1

Yes

2

No
DK/RF

Question ID:

SI23i

A telephone hotline?
1

Yes

2

No
DK/RF

Question ID:

SI23j

Another inmate?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

147

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI23k

A family member or friend?
1

Yes

2

No
DK/RF

Question ID:

SI24

At the time the [RECENT_FILL2] happened, were any inmates aware that it was happening?
1

Yes

2

No
DK/REF

Question ID:

SI25

At the time the [RECENT_FILL2] happened, were any other staff at the facility aware that it
was happening?
1

Yes

2

No
DK/REF

Box ID:

PB_SIC4k

IF SI22 = 1, CONTINUE TO SI26, ELSE GO TO PB_SIC4l
Question ID:

SI26

Did any of the following things happen to you as a result of the report you made?
items SI26a - SI26f should be displayed on the same screen as much as space allows
Question ID:

SI26a

You were moved to administrative segregation or some other protective housing?
1

Yes

2

No
DK/RF

Question ID:

SI26b

You were placed in a medical unit, ward, or hospital?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

148

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI26c

You were confined to your own cell, room, or housing area?
1

Yes

2

No
DK/RF

Question ID:

SI26d

You were given a higher level of custody within the facility?
1

Yes

2

No
DK/RF

Question ID:

SI26le

You were offered a transfer to another facility?
1

Yes

2

No
DK/RF

Question ID:

SI26f

You were written up?
1

Yes

2

No
DK/RF

Box ID:

PB_SIC4l

IF SI10 = 1 AND SI22 =1, GO TO SI27a, ELSE GO TO PB_SIC4m
Question ID:

SI27a

Did any of the following things happen to the staff person who had sex or sexual contact with
you?
items SI27a1 - SI27a6 should be displayed on the same screen as much as space allows
Question ID:

SI27a1

The staff person was fired?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

149

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI27a2

The staff person was transferred to another facility?
1

Yes

2

No
DK/RF

Question ID:

SI27a3

The staff person was transferred to a different job at this facility?
1

Yes

2

No
DK/RF

Question ID:

SI27a4

The staff person was charged with a crime?
1

Yes

2

No
DK/RF

Question ID:

SI27a5

The staff person was suspended for a period of time?
1

Yes

2

No
DK/RF

Question ID:

SI27a6

The staff person was punished or disciplined in some way other than those listed above?
1

Yes

2

No
DK/RF

Box ID:

PB_SIC4m

IF (SI10 = 2 OR DK OR REF) AND SI22 = 1, CONTINUE TO SI27b, ELSE GO TO SI28
Question ID:

SI27b

Did any of the following things happen to any of the staff who had sex or sexual contact with
you?
items SI27b1 - SI27b6 should be displayed on the same screen as much as space allows

NIS-4 Jails Survey
Westat

150

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI27b1

One or more of the staff were fired?
1

Yes

2

No
DK/RF

Question ID:

SI27b2

One or more of the staff were transferred to another facility?
1

Yes

2

No
DK/RF

Question ID:

SI27b3

One or more of the staff were transferred to a different job at this facility?
1

Yes

2

No
DK/RF

Question ID:

SI27b4

One or more of the staff were charged with a crime?
1

Yes

2

No
DK/RF

Question ID:

SI27b5

One or more of the staff were suspended for a period of time?
1

Yes

2

No
DK/RF

Question ID:

SI27b6

One or more of the staff were punished or disciplined in some way other than those listed
above?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

151

July 15, 2022

National Inmate Survey: Year 4

Question ID:

SI28

Since this [RECENT_FILL2] happened, [has this staff person/have any of the staff involved]
attempted any type of sexual contact with you?
IF SI10 = 1, DISPLAY FILL="has this staff person"
IF SI10=2, DK OR RF, DISPLAY FILL= "have any of the staff involved"
1

Yes

2

No

GO TO SI30

DK/REF
Question ID:

SI29

Since this [RECENT_FILL2] happened, have you been worried that [this staff person will/any
of the staff involved would] try to initiate sexual contact with you again?

IF SI10 = 1 AND SI28 NE 1, DISPLAY FILL= "this staff person will"
IF (SI10 = 2 OR DK OR REF) AND SI28 NE 1, DISPLAY FILL= "any of the staff involved would"
1

Yes

2

No
DK/REF

Question ID:

SI30

Since this [RECENT_FILL2] happened, have you done any of the following things to reduce
the chance that you would have to have sexual contact again?
items SI30a - SI30l should be displayed on the same screen as much as space allows
Question ID:

SI30a

Joined a gang?
1

Yes

2

No
DK/RF

Question ID:

SI30b

Carried a weapon?
1

Yes

2

No
DK/RF

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Question ID:

SI30c

Fought more?
1

Yes

2

No
DK/RF

Question ID:

SI30d

Worked out in order to bulk up?
1

Yes

2

No
DK/RF

Question ID:

SI30e

Tried to make yourself look less attractive?
1

Yes

2

No
DK/RF

Question ID:

SI30f

Avoided certain areas?
1

Yes

2

No
DK/RF

Question ID:

SI30g

Kept to yourself more?
1

Yes

2

No
DK/RF

Question ID:

SI30h

Stayed in your own cell or housing area more?
1

Yes

2

No
DK/RF

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Question ID:

SI30i

Joined a religious group?
1

Yes

2

No
DK/RF

Question ID:

SI30j

Avoided certain staff?
1

Yes

2

No
DK/RF

Question ID:

SI30k

Requested protective custody?
1

Yes

2

No
DK/RF

Question ID:

SI30l

Requested transfer to another facility?
1

Yes

2

No
DK/RF

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OTHER VICTIMIZATION WHILE INCARCERATED (X)
Box ID:

XINTRO

These next questions are about other things that may have happened to you in this facility.
Touch the NEXT button to go to the next screen.

Question ID:

X6a

DOAFILL1, have you been written up or charged with assaulting another inmate?
1

Yes

2

No
DK/REF

Question ID:

X7a

DOAFILL1, have you been written up or charged with physically assaulting a correctional
officer or other facility staff person?
1

Yes

2

No
DK/REF

Question ID:

X8a

DOAFILL1, have you been written up or charged with verbally assaulting a correctional
officer or other facility staff person?
1

Yes

2

No
DK/REF

Question ID:

LCM5

DOAFILL1, have you had any sex or sexual contact with staff in this facility whether you
wanted to have it or not?
1

Yes

2

No
DK/REF

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Question ID:

LCM6a

How long has it been since you had any sex or sexual contact with staff in this facility whether
you wanted to or not?
1

Within the past 7 days

2

More than 7 days ago but within the past 30
days

3

More than 30 days ago but within the past 12
months

4

More than 12 months ago

5

This has not happened to me at this facility
DK/REF

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PAT DOWNS AND STRIP SEARCHES (L)
Box ID:

PB_L1

IF G11a = 1, CONTINUE TO L0, ELSE GO TO S0
Box ID:

L0

These next questions are about your experiences with strip searches and pat downs at this
facility.
Touch the NEXT button to go to the next screen.

Question ID:

L23

Earlier you reported that, DOAFILL2, you touched a facility staff person's body or had your
body touched in a sexual way. Did this happen as part of a strip search?
1

Yes

2

No
DK/REF

Box ID:

PB_L2

IF L23 =1, CONTINUE TO L23a, ELSE GO TO PB_L3
Question ID:

L23a

On any occasion DOAFILL2 when you touched a facility staff person's body or had your body
touched in a sexual way as part of a strip search, was the strip search conducted by...
items L23a1- L23a2 should be displayed on the same screen as much as space allows
Question ID:

L23a1

Male facility staff?
1

Yes

2

No
DK/RF

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Question ID:

L23a2

Female facility staff?
1

Yes

2

No
DK/RF

Box ID:

PB_L3

IF G11a = 1, CONTINUE TO L24, ELSE GO TO PB_L4
Question ID:

L24

DOAFILL1, when you touched a facility staff person's body or had your body touched in a
sexual way, did this happen when it was not part of a strip search?
1

Yes

2

No
DK/REF

Box ID:

PB_L4

IF G11a = 1, CONTINUE TO L25, ELSE GO TO PB_L5
Question ID:

L25

DOAFILL1, when you touched a facility staff person's body or had your body touched in a
sexual way, did this happen as part of a pat down?
1

Yes

2

No
DK/REF

Box ID:

PB_L5

IF L25 = 1, CONTINUE TO L25a, ELSE GO TO PB_L6
Question ID:

L25a

On any occasion DOAFILL2 when you touched a facility staff person's body or had your body
touched in a sexual way as part of a pat down, was the pat down conducted by...
items L25a1 - L25a2 should be displayed on the same screen as much as space allows

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Question ID:

L25a1

Male facility staff?
1

Yes

2

No
DK/RF

Question ID:

L25a2

Female facility staff?
1

Yes

2

No
DK/RF

Box ID:

PB_L6

IF G11a = 1, CONTINUE TO L26, ELSE GO TO SECTION S
Question ID:

L26

DOAFILL1, when you touched a facility staff person's body or had your body touched in a
sexual way, did this happen when it was not part of a pat down?
1

Yes

2

No
DK/REF

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National Inmate Survey: Year 4

FACILITY CONDITIONS, SUPPORT AND SAFETY (S)
Box ID:

S0

These next questions are about everyday living in this facility.
Touch the NEXT button to go to the next screen.

Question ID:

S1

Are there inmates in this facility who you think of as your friends?
1

Yes

2

No
DK/REF

Question ID:

S2

Are there inmates in this facility who you can talk to about your personal problems?
1

Yes

2

No
DK/REF

Question ID:

S3

Are there inmates in this facility who would protect you if another inmate was trying to hurt
you?
1

Yes

2

No
DK/REF

Question ID:

S4

Are there correctional officers or other staff at this facility who you can talk to about your
problems?
1

Yes

2

No
DK/REF

Question ID:

S5

Are there correctional officers or other staff at this facility who would protect you if another
inmate was trying to hurt you?
1

Yes

2

No
DK/REF

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Question ID:

S6

How crowded is it in your housing unit?
1

Not at all crowded

2

Slightly crowded

3

Pretty crowded

4

Very crowded
DK/REF

Question ID:

S7

How crowded is it outside of the housing units - for example, in the dining hall, classrooms,
gym, or work areas?
1

Not at all crowded

2

Slightly crowded

3

Pretty crowded

4

Very crowded
DK/REF

Question ID:

S8

How much privacy do you have in your housing unit?
1

None

2

A little

3

Some

4

A lot
DK/REF

Question ID:

S9

Please indicate whether you agree or disagree with each of the following statements.
Staff at this facility...
items S9a - S9i should be displayed on the same screen as much as space allows
Question ID:

S9a

Are generally fair?
1

Agree

2

Disagree
DK/RF

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Question ID:

S9b

Do their best to make this facility safe and secure?
1

Agree

2

Disagree
DK/RF

Question ID:

S9c

Try to meet the needs of the inmates?
1

Agree

2

Disagree
DK/RF

Question ID:

S9d

Break up fights quickly?
1

Agree

2

Disagree
DK/RF

Question ID:

S9e

Use physical force only when necessary?
1

Agree

2

Disagree
DK/RF

Question ID:

S9f

Let inmates know what is expected of them?
1

Agree

2

Disagree
DK/RF

Question ID:

S9g

Generally treat inmates with respect?
1

Agree

2

Disagree
DK/RF

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Question ID:

S9h

Follow facility rules when handling inmate complaints and grievances?
1

Agree

2

Disagree
DK/RF

Question ID:

S9i

Often write up inmates who don't deserve it?
1

Agree

2

Disagree
DK/RF

Question ID:

S13

DOAFILL1, how often have inmates at this facility been hit, punched, or assaulted by other
inmates?
1

Frequently

2

Sometimes

3

Rarely

4

Never
DK/REF

Question ID:

S14

DOAFILL1, how often have you worried about being hit, punched, or assaulted by other
inmates in this facility?
1

Frequently

2

Sometimes

3

Rarely

4

Never
DK/REF

Question ID:

S15

DOAFILL1, how often have you seen other inmates with some type of weapon?
1

Frequently

2

Sometimes

3

Rarely

4

Never
DK/REF

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Question ID:

S16

DOAFILL1, how much gang activity has there been at this facility?
1

None

2

A little

3

Some

4

A lot
DK/RF

Question ID:

S17

DOAFILL1, have you been in a fight, assault, or incident in which another inmate tried to
harm you?
1

Yes

2

No

GO TO S18

DK/RF
Question ID:

S18

DOAFILL1, how many times have you been in a fight, assault, or other incident in which
another inmate tried to harm you?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Box ID:

PB_Sa

IF S17=1, CONTINUE TO S36, ELSE GO TO PB_S1
Question ID:

S36

DOAFILL1, what injuries have you received in a fight, assault, or incident in which another
inmate hurt you?
items S36a - S36f should be displayed on the same screen as much as space allows
Question ID:

S36a

You received knife or stab wounds?
1

Yes

2

No
DK/RF

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Question ID:

S36b

You received broken bones?
1

Yes

2

No
DK/RF

Question ID:

S36c

Your teeth were chipped or knocked out?
1

Yes

2

No
DK/RF

Question ID:

S36d

You received internal injuries?
1

Yes

2

No
DK/RF

Question ID:

S36e

You were knocked unconscious?
1

Yes

2

No
DK/RF

Question ID:

S36f

You received bruises, a black eye, sprains, cuts, scratches, swelling, welts, or burns?
1

Yes

2

No
DK/RF

Box ID:

PB_S1

IF S36a = 1 OR S36b = 1 OR S36c = 1 OR S36d = 1 OR S36e = 1 OR S36f = 1, CONTINUE TO
S37, ELSE GO TO S21
Question ID:

S37

Did you see a doctor, nurse, or other health care provider for your injuries?
1

Yes

2

No
DK/REF

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Question ID:

S21

DOAFILL1, have you been in a fight, assault, or incident in which a correctional officer or
other facility staff person tried to harm you?
1

Yes

2

No

GO TO S22

DK/REF
Question ID:

S22

DOAFILL1, how many times have you been in a fight, assault, or incident in which a
correctional officer or other facility staff person tried to harm you?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Box ID:

PB_S1a

IF S21=1, CONTINUE TO S34, ELSE GO TO PB_S2
Question ID:

S34

DOAFILL1, what injuries have you received in a fight, assault, or incident in which a
correctional officer or other facility staff person tried to harm you?
items S34a - S34f should be displayed on the same screen as much as space allows
Question ID:

S34a

You received knife or stab wounds?
1

Yes

2

No
DK/RF

Question ID:

S34b

You received broken bones?
1

Yes

2

No
DK/RF

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Question ID:

S34c

Your teeth were chipped or knocked out?
1

Yes

2

No
DK/RF

Question ID:

S34d

You received internal injuries?
1

Yes

2

No
DK/RF

Question ID:

S34e

You were knocked unconscious?
1

Yes

2

No
DK/RF

Question ID:

S34f

You received bruises, a black eye, sprains, cuts, scratches, swelling, welts, or burns?
1

Yes

2

No
DK/RF

Box ID:

PB_S2

IF S34a = 1 OR S34b = 1 OR S34c = 1 OR S34d = 1 OR S34e = 1 OR S34f = 1, CONTINUE TO
S35, ELSE GO TO S25
Question ID:

S35

Did you see a doctor, nurse, or other health care provider for your injuries?
1

Yes

2

No
DK/REF

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Question ID:

S25

DOAFILL1, have any of your personal possessions or belongings been taken by another inmate
without your permission?
1

Yes

2

No

GO TO S26

DK/REF
Question ID:

S26

DOAFILL1, how many times have any of your personal possessions or belongings been taken
by another inmate without your permission?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Question ID:

S29

DOAFILL1, do you think there has been enough staff at this facility to keep inmates safe?
1

Yes

2

No
DK/REF

Question ID:

S30

DOAFILL1, have you filed a grievance for any reason?
1

Yes

2

No

GOTO S31

DK/REF
Question ID:

S31

DOAFILL1, how many times have you filed a grievance for any reason?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

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MENTAL HEALTH (R)
Question ID:

R1

The next question are about how you have been feeling during the past 30 days.
About how often during the past 30 days did you feel nervous?

Question ID:

1

All of the time

2

Most of the time

3

Some of the time

4

A little of the time

5

None of the time

--

DK/RF

R2

During the past 30 days, about how often did you feel hopeless?
1

All of the time

2

Most of the time

3

Some of the time

4

A little of the time

5

None of the time
DK/REF

Question ID:

R3

During the past 30 days, about how often did you feel restless or fidgety?
1

All of the time

2

Most of the time

3

Some of the time

4

A little of the time

5

None of the time
DK/REF

Question ID:

R4

How often in the past 30 days did you feel so depressed that nothing could cheer you up?
1

All of the time

2

Most of the time

3

Some of the time

4

A little of the time

5

None of the time
DK/REF

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Question ID:

R5

About how often in the past 30 days did you feel that everything was an effort?
1

All of the time

2

Most of the time

3

Some of the time

4

A little of the time

5

None of the time
DK/REF

Question ID:

R6

About how often in the past 30 days did you feel worthless?
1

All of the time

2

Most of the time

3

Some of the time

4

A little of the time

5

None of the time
DK/REF

Question ID:

R24

Have you ever been told by a mental health professional, such as a psychiatrist or psychologist,
that you had...
items R24a - R24g should be displayed on the same screen as much as space allows
Question ID:

R24a

Manic depression, a bipolar disorder, or mania?
1

Yes

2

No
DK/RF

Question ID:

R24b

A depressive disorder?
1

Yes

2

No
DK/RF

Question ID:

R24c

Schizophrenia or another psychotic disorder?
1

Yes

2

No
DK/RF

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Question ID:

R24d

Post-traumatic stress disorder or PTSD?
1

Yes

2

No
DK/RF

Question ID:

R24e

Another anxiety disorder, such as panic disorder or OCD?
1

Yes

2

No
DK/RF

Question ID:

R24f

A personality disorder, such as antisocial or borderline personality?
1

Yes

2

No
DK/RF

Question ID:

R24g

A mental or emotional condition other than those listed above?
1

Yes

2

No
DK/RF

Box ID:

R25

The next questions are about any times you may have stayed overnight in any type of hospital
or other facility for any problem with your emotions, nerves, or mental health. Please do not
include any overnight hospital stays for alcohol or drug use.
Touch the NEXT button to go to the next screen.

Question ID:

R26

Have you ever stayed overnight or longer in any type of hospital or other facility to receive
treatment or counseling for any problem you were having with your emotions, nerves, or mental
health?
1

Yes

2

No

GO TO R27

DK/REF
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Question ID:

R27

During the 12 months before you were admitted to this facility, did you stay overnight or longer
in any type of hospital or other facility to receive treatment or counseling for any problem you
were having with your emotions, nerves, or mental health?
1

Yes

2

No
DK/REF

Box ID:

R28

The next questions are about services you may have received for any problem with your
emotions, nerves, or mental health. As you answer these questions, please do not include any
services you may have received for drug or alcohol use. Some questions ask about prescription
medicine. Prescription medicines are drugs that you take if a doctor authorizes them for you.
Touch the NEXT button to go to the next screen.

Question ID:

R29

Have you ever taken any prescription medicine for any problem you were having with your
emotions, nerves, or mental health?
1

Yes

2

No
DK/REF

Question ID:

R30

[At the time of the offense for which you are currently serving time, were you taking
prescription medicine for any problem you were having with your emotions, nerves, or mental
health/At the time of the offense for which you are currently being held, were you taking
prescription medicine for any problem you were having with your emotions, nerves, or mental
health]?
IF B4 = 1 AND R29 = 1, DISPLAY FILL= "At the time of the offense for which you are currently
serving time, were you taking prescription medicine for any problem you were having with your
emotions, nerves, or mental health"
IF B4 = 2 OR DK OR REF AND R29 = 1, DISPALY FILL= "At the time of the offense for which you
are currently being held, were you taking prescription medicine for any problem you were
having with your emotions, nerves, or mental health"
1

Yes

2

No
DK/REF

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Box ID:

PB_R1

IF R29=1, CONTINUE TO R31, ELSE GO R33
Question ID:

R31

Since you were admitted to this facility, have you taken prescription medicine for any problem
you were having with your emotions, nerves, or mental health?
1

Yes

2

No
DK/REF

Question ID:

R33

Have you ever received counseling or therapy from a trained professional such as a psychiatrist,
psychologist, social worker, or nurse for any problem you were having with your emotions,
nerves, or mental health?
1

Yes

2

No

GO TO R34

DK/REF
Question ID:

R34

Since you were admitted to this facility, have you received counseling or therapy from a trained
professional such as a psychiatrist, psychologist, social worker, or nurse for any problem you
were having with your emotions, nerves, or mental health?
1

Yes

2

No
DK/REF

Question ID:

R21

Did you ever in your life have any of the following experiences happen to you:
items R21a - R21g should be displayed on the same screen as much as space allows
Question ID:

R21a

A serious fight or physical assault?
1

Yes

2

No
DK/RF

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Question ID:

R21b

A sexual assault?
1

Yes

2

No
DK/RF

Question ID:

R21c

A life-threatening accident or injury?
1

Yes

2

No
DK/RF

Question ID:

R21d

The murder or suicide of a loved one?
1

Yes

2

No
DK/RF

Question ID:

R21e

The accidental death of a loved one?
1

Yes

2

No
DK/RF

Question ID:

R21f

Witnessed someone being seriously injured or killed?
1

Yes

2

No
DK/RF

Question ID:

R21g

Any experience that put you at risk of death?
1

Yes

2

No
DK/RF

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DISABILITY STATUS (Q)
Box ID:

Q0

The next questions are about difficulties that you might have due to a physical, mental, or
emotional problem.
Touch the NEXT button to go to the next screen.

Question ID:

Q1

Are you deaf, or do you have serious difficulty hearing?
1

Yes

2

No
DK/REF

Question ID:

Q2

Are you blind, or do you have serious difficulty seeing even when wearing glasses?
1

Yes

2

No
DK/REF

Question ID:

Q3

Because of a physical, mental, or emotional problem, do you have serious difficulty
concentrating, remembering, or making decisions?
1

Yes

2

No
DK/REF

Question ID:

Q4

Do you have serious difficulty walking or climbing stairs?
1

Yes

2

No
DK/REF

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Question ID:

Q5

Do you have difficulty dressing or bathing?
1

Yes

2

No
DK/REF

Question ID:

Q6

Because of a physical, mental, or emotional problem, do you have difficulty doing activities on
your own, such as going to meal time, going outside, working in or outside of this facility, going
to classes, or attending programs?
1

Yes

2

No
DK/REF

Box ID:

PB_Q1

IF Q1 OR Q2 OR Q3 OR Q4 OR Q5 OR Q6 = 1, CONTINUE TO Q7, ELSE GO TO Q8
Question ID:

Q7

Is the difficulty you experience doing activities on your own caused by...
items Q7a -Q7b should be displayed on the same screen as much as space allows
Question ID:

Q7a

A physical problem?
1

Yes

2

No
DK/RF

Question ID:

Q7b

A mental or emotional problem?
1

Yes

2

No
DK/RF

Question ID:

Q8

Did a doctor, school counselor, or other professional ever tell you that you have...
items Q8a - Q8d should be displayed on the same screen as much as space allows

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Question ID:

Q8a

ADD or ADHD?
1

Yes

2

No
DK/RF

Question ID:

Q8b

Dyslexia?
1

Yes

2

No
DK/RF

Question ID:

Q8c

A learning disability?
1

Yes

2

No
DK/RF

Question ID:

Q8d

Autism or Asperger's?
1

Yes

2

No
DK/RF

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RESTRICTIVE HOUSING MODULE (RH)
Question ID:

RH0

Next, we would like to know about your experiences with solitary confinement at this facility.
Solitary confinement can include administrative or disciplinary segregation and may also be
called secure housing, the hole, lockdown, the SHU, or protective custody.
Touch the NEXT button to go to the next screen.
Box ID:

PB_RH1

IF A9a=2 OR DK OR RF, CONTINUE TO RH1, ELSE GO TO PB_RH2
Question ID:

RH1

DOAFILL1, have you spent any time in disciplinary or administrative segregation, or solitary
confinement?

Box ID:

1

Yes

2

No

GO TO M0

DK/REF

GO TO M0

PB_RH2

IF A9a = 1 OR RH1 = 1, CONTINUE TO RH2, ELSE GO TO PB_RH2a
Question ID:

RH2

DOAFILL1, how many different times have you been placed in disciplinary or administrative
segregation, or solitary confinement?
1

1 time

2

2 times

3

3 - 5 times

4

6 - 10 times

5

11 times or more
DK/REF

Box ID:

PB_RH2a

IF [RH2 = 1 OR DK OR RF] OR RH2 >1, CONTINUE TO RH3, ELSE GO TO PB_RH2b

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Question ID:

RH3

DOAFILL1, how many days [did you spend/altogether have you spent] in disciplinary or
administrative segregation, or solitary confinement?

IF RH2 = 1 OR DK OR REF, DISPLAY FILL="did you spend"
IF RH2>1, DISPLAY FILL="altogether have you spent"
1

1 day or less

2

More than 1 day but less than 7 days

3

At least 7 days but less than 14 days

4

At least 14 days but less than 30 days

5

30 days or more
DK/REF

Box ID:

PB_RH2b

IF RH1 = 1 OR A9a=1, CONTINUE TO RH4, ELSE GO TO PB_RH4
Question ID:

RH4

[Please think about the [IF RH2 > 1, INCLUDE "most recent"] time DOAFILL2 that you were
placed in disciplinary or administrative segregation, or solitary confinement. Why do you think
you were placed in disciplinary or administrative segregation, or solitary confinement? Was
it.../Why do you think you have been assigned to disciplinary or administrative segregation or
solitary confinement? Is it...]
IF RH1 = 1, DISPLAY FILL= "Please think about the [IF RH2 > 1, INCLUDE "most recent"] time
DOAFILL2 that you were placed in disciplinary or administrative segregation, or solitary
confinement. Why do you think you were placed in disciplinary or administrative segregation, or
solitary confinement? Was it...
IF A9a=1, DISPLAY FILL="Why do you think you have been assigned to disciplinary or
administrative segregation, or solitary confinement? Is it..."
Question ID:

RH4a

Because you were a danger to yourself?
1

Yes

2

No
DK/RF

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Question ID:

RH4b

For mental health reasons?
1

Yes

2

No
DK/RF

Question ID:

RH4_new

Due to COVID restrictions?
1

Yes

2

No
DK/RF

Question ID:

RH4c

For medical reasons other than COVID?
1

Yes

2

No
DK/RF

Question ID:

RH4d

Because you asked to be placed there for your own protection?
1

Yes

2

No
DK/RF

Question ID:

RH4e

As a punishment for breaking rules?
1

Yes

2

No
DK/RF

Question ID:

RH4f

For a cool down period?
1

Yes

2

No
DK/RF

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Question ID:

RH4g

For some other reason?
1

Yes

2

No
DK/RF

Box ID:

PB_RH4

IF RH4e = 1, CONTINUE TO RH5, ELSE GO TO PB_RH4a
Question ID:

RH5

What facility rules were you accused of breaking that led to you being assigned to disciplinary or
administrative segregation, or solitary confinement [IF RH2 > 1, INCLUDE "the most recent
time"?
IF RH4e = 1, DISPLAY FILL= "What facility rules were you accused of breaking that led to you
being assigned to disciplinary or administrative segregation, or solitary confinement"
[IF RH2 > 1, DISPLAY FILL= "What facility rules were you accused of breaking that led to you
being assigned to disciplinary or administrative segregation, or solitary confinement the most
recent time?"
Question ID:

RH5a

Fighting with another inmate?
1

Yes

2

No
DK/REF

Question ID:

RH5b

Verbally assaulting staff?
1

Yes

2

No
DK/REF

Question ID:

RH5c

Physically assaulting staff?
1

Yes

2

No
DK/REF

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National Inmate Survey: Year 4

Question ID:

RH5d

Possession of contraband?
1

Yes

2

No
DK/REF

Question ID:

RH5e

Having sexual contact with staff?
1

Yes

2

No
DK/REF

Question ID:

RH5f

Having sexual contact with another inmate?
1

Yes

2

No
DK/REF

Question ID:

RH5g

Noncompliance?
1

Yes

2

No
DK/REF

Question ID:

RH5h

Some other rule or rules?
1

Yes

2

No
DK/REF

Box ID:

PB_RH4a

IF RH4e = 1, CONTINUE TO RH6, ELSE GO TO PB_RH5
Question ID:

RH6

Were you given a hearing after being placed in disciplinary or administrative segregation, or
solitary confinement to determine if you were guilty of breaking facility rules?
1

Yes

2

No
DK/REF

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Box ID:

PB_RH5

IF RH1=1 AND RH2>1, CONTINUE TO RH7, ELSE GO TO PB_RH5a
Question ID:

RH7

How long did you remain in disciplinary or administrative segregation, or solitary confinement
the most recent time you were placed there?
1

1 day or less

2

More than 1 day but less than 7 days

3

At least 7 days but less than 14 days

4

At least 14 days but less than 30 days

5

30 days or more
DK/REF

Box ID:

PB_RH5a

IF [RH1=1 AND A9a NE 1] OR A9a = 1 , CONTINUE TO RH8, ELSE GO TO PB_RH5b
Question ID:

RH8

[During the [IF RH2 > 1, INCLUDE "most recent"] time you were in disciplinary or
administrative segregation, or solitary confinement, were you in a cell by yourself for all or most
of the time/Are you being housed in a cell by yourself]?
IF RH1=1 AND A9a NE 1 DISPLAY= "During the [IF RH2 > 1, INCLUDE "most recent"] time you
were in disciplinary or administrative segregation, or solitary confinement, were you in a cell by
yourself for all or most of the time?"
IF A9a=1 DISPLAY = "Are you being housed in a cell by yourself?"
1

Yes

2

No
DK/REF

Box ID:

PB_RH5b

IF [RH8=2 AND A9a=2 AND RH1=1] OR [RH8 = 2 AND A9a = 1], CONTINUE TO RH9, ELSE GO
TO PB_RH5c

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Question ID:

RH9

[How many other inmates were in the cell with you the [IF RH2 > 1, INCLUDE "most recent"]
time you were in disciplinary or administrative segregation, or solitary confinement?/How many
other inmates are in the cell with you?]
[IF RH8 = 2 AND A9a = 2 AND RH1 = 1] , DISPLAY FILL= "How many other inmates were in the
cell with you the [IF RH2 > 1, INCLUDE "most recent"] time you were in disciplinary or
administrative segregation, or solitary confinement?"
IF RH8 = 2 AND A9a = 1, DISPLAY FILL= "How many other inmates are in the cell with you?"
--

NUMBER OF INMATES:
__________________[RANGE:1-90]
DK/REF

PROGRAM NOTES: RANGE: 1 - 90
Box ID:

PB_RH5c

IF RH1=1 OR A9a=1, CONTINUE TO RH10, ELSE GO TO PB_RH5d
Question ID:

RH10

[Were you able to leave your cell at least once every day the [IF RH2>1, INCLUDE "most
recent"] time you were in disciplinary or administrative segregation, or solitary
confinement/Are you able to leave your cell at least once every day]?

IF RH1 = 1, DISPLAY FILL= "Were you able to leave your cell at least once every day the [IF
RH2>1, INCLUDE "most recent"] time you were in disciplinary or administrative segregation, or
solitary confinement"
IF A9a=1, DISPLAY FILL= '"Are you able to leave your cell at least once every day"
1

Yes

2

No
DK/REF

Box ID:

PB_RH5d

IF RH1=1 OR A9a=1, CONTINUE TO RH12, ELSE GO TO PB_RH5e

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Question ID:

RH12

[Did you have the same access to your lawyer or attorney as you did before you were placed in
disciplinary or administrative segregation, or solitary confinement [IF RH2>1, INCLUDE "this
most recent time"/Do you have the same access to your lawyer or attorney as you did before
you were placed in disciplinary or administrative segregation, or solitary confinement]?
IF RH1 = 1, DISPLAY FILL= "Did you have the same access to your lawyer or attorney as you
did before you were placed in disciplinary or administrative segregation, or solitary confinement
[IF RH2>1, INCLUDE "this most recent time"
IF A9a=1, DISPLAY FILL= "Do you have the same access to your lawyer or attorney as you did
before you were placed in disciplinary or administrative segregation, or solitary confinement"
1

Yes

2

No
DK/REF

Box ID:

PB_RH5e

IF RH1=1 OR A9a=1, CONTINUE TO RH13, ELSE GO TO PB_RH5f
Question ID:

RH13

[Were you able to talk to staff every day while you were in disciplinary or administrative
segregation, or solitary confinement [IF RH2>1, INCLUDE "this most recent time"]/Are you
able to talk to staff every day in disciplinary or administrative segregation or solitary
confinement]?
IF RH1 = 1, DISPLAY FILL= "Were you able to talk to staff every day while you were in
disciplinary or administrative segregation, or solitary confinement [IF RH2>1, INCLUDE "this
most recent time"]"
IF A9a=1, DISPLAY FILL= "Are you able to talk to staff every day in disciplinary or
administrative segregation or solitary confinement"
1

Yes

2

No
DK/REF

Box ID:

PB_RH5f

IF RH1=1 OR A9a=1, CONTINUE TO RH14, ELSE GO TO PB_RH6

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Question ID:

RH14

[Did a trained counselor or mental health professional check on you while you were in
disciplinary or administrative segregation, or solitary confinement [IF RH2>1, INCLUDE "this
most recent time"]/Has a trained counselor or mental health professional checked on you while
you have been in disciplinary or administrative segregation, or solitary confinement]?
IF RH1 = 1, DISPLAY FILL="Did a trained counselor or mental health professional check on you
while you were in disciplinary or administrative segregation, or solitary confinement [IF RH2>1,
INCLUDE "this most recent time"]"
IF A9a=1, DISPLAY FILL= "Has a trained counselor or mental health professional checked on
you while you have been in disciplinary or administrative segregation, or solitary confinement"
1

Yes

2

No
DK/REF

Box ID:

PB_RH6

IF [RH14=1 AND RH1=1] OR [IF RH14 = 1 AND A9a = 1] , CONTINUE TO RH15, ELSE IF
RANDOM = 95, SKIP TO M0
Question ID:

RH15

[How often did a trained counselor or mental health professional check on you while you were in
disciplinary or administrative segregation, or solitary confinement [IF RH2>1, INCLUDE "this
most recent time"/How often has a trained counselor or mental health professional checked on
you while you have been in disciplinary or administrative segregation, or solitary confinement]?
IF RH14 = 1 AND RH1 = 1, DISPLAY FILL="How often did a trained counselor or mental health
professional check on you while you were in disciplinary or administrative segregation, or
solitary confinement [IF RH2>1, INCLUDE "this most recent time"
IF RH14 = 1 AND A9a = 1, DISPLAY FILL= "How often has a trained counselor or mental health
professional checked on you while you have been in disciplinary or administrative segregation,
or solitary confinement"
1

Every day

2

A few times a week

3

Once a week

4

Less than a week
DK/REF

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National Inmate Survey: Year 4

CHILDHOOD EXPERIENCES (CE)
Question ID:

CE1

Next, we'll ask about some experiences you may have had growing up.
Which of the following experiences did you have before age 18?
items CE1a - CE1g should be displayed on the same screen as much as space allows
Question ID:

CE1a

Did your mother or father die before you were 18?
1

Yes

2

No
DK/RF

Question ID:

CE1b

Did your parents separate or divorce before you were 18?
1

Yes

2

No
DK/RF

Question ID:

CE1c

Did either parent attempt or commit suicide?
1

Yes

2

No
DK/RF

Question ID:

CE1d

Was either parent in prison or jail for 6 months or longer?
1

Yes

2

No
DK/RF

Question ID:

CE1e

Did either parent, or person who raised you, have a mental illness?
1

Yes

2

No
DK/RF

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Question ID:

CE1f

Did either parent, or person who raised you, have an alcohol or drug problem?
1

Yes

2

No
DK/RF

Question ID:

CE1g

Were you sent to a juvenile detention center?
1

Yes

2

No
DK/RF

Question ID:

CE2

At any time [before you turned 18 did you live.../since you were born have you lived...]
IF RESPAGE GT 17, DISPLAY: "before you turned 18 did you live..."
IF RESPAGE = 16 OR 17, DISPLAY: "since you were born have you lived..."
Question ID:

CE2a

With your biological mother?
1

Yes

2

No
DK/RF

Question ID:

CE2b

With your biological father?
1

Yes

2

No
DK/RF

Question ID:

CE2c

In a foster home?
1

Yes

2

No
DK/RF

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National Inmate Survey: Year 4

Question ID:

CE3

How often [did you do each of the following things before age 18/have you done each of the
following things]?
IF RESPAGE GT 17, DISPLAY: "did you do each of the following things before age 18"
IF RESPAGE = 16 OR 17, DISPLAY: "have you done each of the following things"
Question ID:

CE3a

Bully or threaten other kids?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE3b

Start fights?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE3c

Run away from home and stay away overnight?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

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Question ID:

CE3d

Lie, or "con," other people?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE3e

Set fires?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE3f

Stay out very late, long after you were supposed to be home?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE3g

Skip school?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

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National Inmate Survey: Year 4

Question ID:

CE4

How often [did you do each of the following things before age 18/have you done each of the
following things]?
IF RESPAGE GT 17, DISPLAY: "did you do each of the following things before age 18"
IF RESPAGE = 16 OR 17, DISPLAY: "have you done each of the following things"
Question ID:

CE4a

Argue, or "talk back," to adults?

Question ID:

1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never

CE4b

Disobey rules at home, school, or work?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE4c

Refuse to follow directions from adults like your parents, teacher, or boss?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE4d

Blame others for your mistakes or bad behavior?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

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National Inmate Survey: Year 4

Question ID:

CE4e

Do mean things to "pay people back" for things they did that you didn't like?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE5

How often [did you have each of the following experiences before age 18/have you had each of
the following experiences]?
IF RESPAGE GT 17, DISPLAY: "did you have each of the following experiences before age 18"
IF RESPAGE = 16 OR 17, DISPLAY: "have you had each of the following experiences"
Question ID:

CE5a

Your family was on welfare?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE5b

You were homeless?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

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National Inmate Survey: Year 4

Question ID:

CE5c

You had to do chores too hard or dangerous for someone your age?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE5d

You didn't have anyone who would take care of you or protect you?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE5e

Nobody ensured you had adequate food or clothing or medical care?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE5f

Someone touched you or made you touch them in a sexual way against your will?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

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National Inmate Survey: Year 4

Question ID:

CE5g

You were sexually abused at home?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE5h

You were beaten up or terrorized by bullies at school or in the neighborhood?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE6

How often [did you have each of the following experiences before age 18/have you had each of
the following experiences]?
IF RESPAGE GT 17, DISPLAY: "did you have each of the following experiences before age 18"
IF RESPAGE = 16 OR 17, DISPLAY: "have you had each of the following experiences"
Question ID:

CE6a

Someone in your family hit you so hard that it left bruises or marks?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

CE6b

You were physically abused at home?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE6c

You felt that someone in your family hated you?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE6d

You were emotionally abused at home?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE6e

People in your family said hurtful or insulting things to you?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

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National Inmate Survey: Year 4

Question ID:

CE6f

Someone in your family made you feel important?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE6g

You felt loved and cared for?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

Question ID:

CE6h

Your family was a source of strength and support?
1

Very Often

2

Often

3

Sometimes

4

Rarely

5

Never
DK/RF

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National Inmate Survey: Year 4

LIVING AREA ACTIVITIES (LA)
Box ID:

PB_LA1

DEFINE A9c_FILL:
IF A9c=1, A9c_FILL=
IF A9c=2, A9c_FILL=
IF A9c=3, A9c_FILL=
IF A9c=4, A9c_FILL=
IF A9c=5, A9c_FILL=
day room"

Question ID:

"an open dorm"
"a dorm with cubicles"
"a unit with cells"
"a unit with rooms"
"an area not originally intended as housing, such as a gym, classroom, or

LA_2

These questions are about this jail and how inmates are housed here.
[Earlier you said you spent last night in [A9c_FILL]. Including you, about how many
inmates are currently housed in this housing unit/Including you, about how may inmates are
currently housed in the housing unit where you spent last night]?

IF A9c = 1 OR 2 OR 3 OR 4 OR 5, DISPLAY FILL= "Earlier you said you spent last night in
[A9c_FILL]. Including you, about how many inmates are currently housed in this housing unit"
IF A9c=6 OR DK OR REF, DISPLAY FILL = "Including you, about how may inmates are currently
housed in the housing unit where you spent last night"
1

1

2

2-5

3

6 - 10

4

11 - 15

5

16 - 30

6

31 or more
DK/REF

Question ID:

LA_3

Does your housing unit have any windows that allow the sun to shine in during the day?
1

Yes

2

No
DK/REF

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National Inmate Survey: Year 4

Question ID:

LA_4

How noisy is it in your housing unit during sleeping hours?
1

Not at all noisy

2

Slightly noisy

3

Pretty noisy

4

Very noisy
DK/REF

Question ID:

LA_17

How crowded is it in your housing unit?
1

Not at all crowded

2

Slightly crowded

3

Pretty crowded

4

Very crowded
DK/REF

Question ID:

LA_18

How much privacy do you have in your housing unit?
1

None

2

A little

3

Some

4

A lot
DK/REF

Question ID:

LA_5

How often is it too hot in your housing unit?
1

All of the time

2

Most of the time

3

Some of the time

4

Never
DK/REF

Question ID:

LA_6

How often is it too cold in your housing unit?
1

All of the time

2

Most of the time

3

Some of the time

4

Never
DK/REF

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National Inmate Survey: Year 4

Question ID:

LA_7

How often do you see mice, rats, bugs, or insects in your housing unit?
1

All of the time

2

Most of the time

3

Some of the time

4

Never
DK/REF

Question ID:

LA_19

How crowded is it in other parts of the facility, outside of your housing unit--for example, in the
dining hall, classrooms, gym, or work areas?
1

Not at all crowded

2

Slightly crowded

3

Pretty crowded

4

Very crowded
DK/REF

Question ID:

LA_8

During the last 24 hours, about how many hours did you spend in your housing unit? Please
include time when you were sleeping.
NUMBER OF HOURS: __________
DK/REF
NOTES: [RANGE: 1 - 24]
Question ID:

LA_9

During the last 24 hours, did you spend any time outdoors?
1

Yes

2

No

GO TO LA_10

DK/REF
Question ID:

LA_10

During the last 24 hours, about how much time did you spend outdoors?
1

Less than 30 minutes

2

At least 30 minutes but less than 1 hour

3

At least 1 hour but less than 2 hours

4

At least 2 hours but less than 5 hours

5

5 hours or more
DK/REF

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National Inmate Survey: Year 4

Question ID:

LA_11

During the past 24 hours, about how many hours did you spend sleeping?
1

Less than 30 minutes

2

At least 30 minutes but less than 1 hour

3

At least 1 hour but less than 2 hours

4

At least 2 hours but less than 5 hours

5

At least 5 hours but less than 7 hours

6

At least 7 hours but less than 9 hours

7

9 hours or more
DK/REF

Question ID:

LA_12

The next questions are about how you spend your time at this jail. Please think about how you
spent the last 24 hours.
During the last 24 hours, did you...
items LA_12a - LA_12j should be displayed on the same screen as much as space allows
Question ID:

LA_12a

Attend a class or training?
1

Yes

2

No
DK/RF

Question ID:

LA_12b

Exercise or work out?
1

Yes

2

No
DK/RF

Question ID:

LA_12c

Watch television?
1

Yes

2

No
DK/RF

Question ID:

LA_12d

Read books, newspapers or magazines?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

LA_12e

Work at a job?
1

Yes

2

No
DK/RF

Question ID:

LA_12f

Participate in religious meetings or activities?
1

Yes

2

No
DK/RF

Question ID:

LA_12g

Have in-person visits with family or friends?
1

Yes

2

No
DK/RF

Question ID:

LA_12h

Talk on the telephone with family or friends?
1

Yes

2

No
DK/RF

Question ID:

LA_12i

Play games like cards, chess, checkers, or sports with other inmates?
1

Yes

2

No
DK/RF

Question ID:

LA_12j

Talk with your lawyer - either in person or on the telephone?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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National Inmate Survey: Year 4

Question ID:

LA_12k

Visit the library?
1

Yes

2

No
DK/RF

Question ID:

LA_12l

Visit the infirmary or medical ward?
1

Yes

2

No
DK/RF

Question ID:

LA_14

Now think about how you spent your time during the past 7 days. Did you do any of the
following things during the past 7 days?
items LA_14a - LA_14l should be displayed on the same screen as much as space allows
Box ID:

PB_LA3

IF LA_12a = 2 OR DK OR REF, CONTINUE TO LA_14a, ELSE GO TO PB_LA4
Question ID:

LA_14a

Attend a class or training?
1

Yes

2

No
DK/RF

Box ID:

PB_LA4

IF LA_12b = 2 OR DK OR REF, CONTINUE TO LA_14b, ELSE GO TO PB_LA5
Question ID:

LA_14b

Exercise or work out?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Box ID:

PB_LA5

IF LA_12c = 2 OR DK OR REF, CONTINUE TO LA_14c, ELSE GO TO PB_LA_6
Question ID:

LA_14c

Watch television?
1

Yes

2

No
DK/RF

Box ID:

PB_LA6

IF LA_12d = 2 OR DK OR REF, CONTINUE TO LA_14d, ELSE GO TO PB_LA7
Question ID:

LA_14d

Read books, newspapers or magazines?
1

Yes

2

No
DK/RF

Box ID:

PB_LA7

IF LA_12e = 2 OR DK OR REF, CONTINUE TO LA_14e, ELSE GO TO PB_LA8
Question ID:

LA_14e

Work at a job?
1

Yes

2

No
DK/RF

Box ID:

PB_LA8

IF LA_12f = 2 OR DK OR REF, CONTINUE TO LA_14f, ELSE GO TO PB_LA9

NIS-4 Jails Survey
Westat

203

July 15, 2022

National Inmate Survey: Year 4

Question ID:

LA_14f

Participate in religious meetings or activities?
1

Yes

2

No
DK/RF

Box ID:

PB_LA9

IF LA_12g = 2 OR DK OR REF, CONTINUE TO 14g, ELSE GO TO PB_LA10
Question ID:

LA_14g

Have in-person visits with family or friends?
1

Yes

2

No
DK/RF

Box ID:

PB_LA10

IF LA_12h = 2 OR DK OR REF, CONTINUE TO LA_14h, ELSE GO TO PB_LA11
Question ID:

LA_14h

Talk on the telephone with family or friends?
1

Yes

2

No
DK/RF

Box ID:

PB_LA11

IF LA_12i = 2 OR DK OR REF, CONTINUE TO LA_14i, ELSE GO TO PB_LA12
Question ID:

LA_14i

Play games with other inmates such as cards, chess, checkers, or sports?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Box ID:

PB_LA12

IF LA_12j = 2 OR DK OR REF, CONTINUE TO LA_14j, ELSE GO TO PB_LA13
Question ID:

LA_14j

Talk with your lawyer - either in person or on the telephone?
1

Yes

2

No
DK/RF

Box ID:

PB_LA13

IF LA_12k = 2 OR DK OR REF, CONTINUE TO LA_14k, ELSE GO TO PB_LA14
Question ID:

LA_14k

Visit the library?
1

Yes

2

No
DK/RF

Box ID:

PB_LA14

IF LA_12l = 2 OR DK OR REF, CONTINUE TO LA_14l, ELSE GO TO LA_15
Question ID:

LA_14l

Visit the infirmary or medical ward?
1

Yes

2

No
DK/RF

Question ID:

LA_15

How would you describe the amount of food you currently receive at this facility?
1

There is too much food

2

There is just the right amount of food

3

There is not enough food
DK/REF

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Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

LA_16

How would you describe the quality of the food you currently receive at this facility?
1

Excellent

2

Very good

3

Good

4

Fair

5

Poor
DK/REF

Question ID:

LA_20

Are there inmates in this facility who you think of as your friends?
1

Yes

2

No
DK/REF

Question ID:

LA_21

Are there inmates in this facility who you can talk to about your problems?
1

Yes

2

No
DK/REF

Question ID:

LA_22

Are there inmates in this facility who would protect you if another inmate was trying to hurt
you?
1

Yes

2

No
DK/REF

Question ID:

LA_23

Are there correctional officers or other staff at this facility who you can talk to about your
personal problems?
1

Yes

2

No
DK/REF

Question ID:

LA_24

Are there correctional officers or other staff at this facility who would protect you if another
inmate was trying to hurt you?
1

Yes

2

No
DK/REF

NIS-4 Jails Survey
Westat

206

July 15, 2022

National Inmate Survey: Year 4

ALTERCATIONS, FIGHTS AND GRIEVANCES (AFG)
Question ID:

AFG2

These next questions are about violence in this facility.
DOAFILL1, how often have inmates at this facility been hit, punched, or assaulted by other
inmates?
1

Frequently

2

Sometimes

3

Rarely

4

Never
DK/REF

Question ID:

AFG3

DOAFILL1, how often have you worried about being hit, punched, or assaulted by other
inmates in this facility?
1

Frequently

2

Sometimes

3

Rarely

4

Never
DK/REF

Question ID:

AFG4

DOAFILL1, how often have you seen other inmates with some type of weapon?
1

Frequently

2

Sometimes

3

Rarely

4

Never
DK/REF

Question ID:

AFG5

DOAFILL1, how often has there been gang activity at this facility?
1

Frequently

2

Sometimes

3

Rarely

4

Never
DK/REF

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

AFG6

DOAFILL1,have you been in a fight, assault, or incident in which another inmate tried to
harm you?

Question ID:

1

Yes

2

No

GO TO AFG10

DK/REF

GO TO AFG10

AFG7

DOAFILL1, how many times have you been in a fight, assault, or other incident in which
another inmate tried to harm you?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Question ID:

AFG8

DOAFILL1, what injuries did you receive [in the fight, assault, or incident/during any of the
fights, assaults, or incidents] in which another inmate tried to harm you]?
IF AFG6 = 1 AND AFG7 = 1, DISPLAY FILL = "in the fight, assault, or incident"
IF AFG6 = 1 AND AFG7 = 2 OR 3 OR 4 OR DK OR REF, DISPLAY FILL= "during any of the fights,
assaults, or incidents"
Question ID:

AFG8a

You received knife or stab wounds?
1

Yes

2

No
DK/RF

Question ID:

AFG8b

You received broken bones?
1

Yes

2

No
DK/RF

Question ID:

AFG8c

Your teeth were chipped or knocked out?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

AFG8d

You received internal injuries?
1

Yes

2

No
DK/RF

Question ID:

AFG8e

You were knocked unconscious?
1

Yes

2

No
DK/RF

Question ID:

AFG8f

You received bruises, a black eye, sprains, cuts, scratches, swelling, welts, or burns?
1

Yes

2

No
DK/RF

Box ID:

PB_AFG1

IF AFG8a = 1 OR AFG8b = 1 OR AFG8c = 1 OR AFG8d = 1 OR AFG8e = 1 OR AFG8f = 1,
CONTINUE TO AFG9, ELSE GO TO AFG10
Question ID:

AFG9

Did you see a doctor, nurse, or other health care provider for your injuries?
1

Yes

2

No
DK/REF

Question ID:

AFG10

DOAFILL1, have you been in a fight, assault, or incident in which a correctional officer or
other facility staff person tried to harm you?
1

Yes

2

No

GO TO AFG11

DK/REF

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Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

AFG11

DOAFILL1, how many times have you been in a fight, assault, or incident in which a
correctional officer or other facility staff person tried to harm you?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Question ID:

AFG12

DOAFILL1, what injuries did you receive [in the fight, assault, or incident/in any of the fights,
assaults, or incidents] in which a correctional officer or other facility staff person tried to
harm you?
IF AFG10 = 1 AND AFG11 = 1, DISPLAY FILL= "in the fight, assault, or incident"
IF AFG10 = 1 AND AFG11 = 2 OR 3 OR 4 OR DK OR REF, DISPLAY FILL= "in any of the fights,
assaults, or incidents"
Question ID:

AFG12a

You received knife or stab wounds?
1

Yes

2

No
DK/RF

Question ID:

AFG12b

You received broken bones?
1

Yes

2

No
DK/RF

Question ID:

AFG12c

Your teeth were chipped or knocked out?
1

Yes

2

No
DK/RF

Question ID:

AFG12d

You received internal injuries?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

AFG12e

You were knocked unconscious?
1

Yes

2

No
DK/RF

Question ID:

AFG12f

You received bruises, a black eye, sprains, cuts, scratches, swelling, welts, or burns?
1

Yes

2

No
DK/RF

Box ID:

PB_AFG2

IF AFG12a = 1 OR AFG12b = 1 OR AFG12c = 1 OR AFG12d = 1 OR AFG12e = 1 OR AFG12f = 1,
CONTINUE TO AFG13, ELSE GO TO AFG14
Question ID:

AFG13

Did you see a doctor, nurse, or other health care provider for your injuries?
1

Yes

2

No
DK/REF

Question ID:

AFG14

DOAFILL1,have any of your personal possessions or belongings been taken by another inmate
without your permission?
1

Yes

2

No

GO TO AFG15

DK/REF
Question ID:

AFG15

DOAFILL1, how many times have any of your personal possessions or belongings been taken
by another inmate without your permission?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

NIS-4 Jails Survey
Westat

211

July 15, 2022

National Inmate Survey: Year 4

Question ID:

AFG16

DOAFILL1, do you think there has been enough staff at this facility to keep inmates safe?
1

Yes

2

No
DK/REF

Question ID:

AFG17

DOAFILL1,have you filed a grievance for any reason?
1

Yes

2

No

GO TO AFG18

DK/REF
Question ID:

AFG18

DOAFILL1,how many times have you filed a grievance for any reason?
1

1 time

2

2 times

3

3 - 10 times

4

11 times or more
DK/REF

Question ID:

AFG1

DOAFILL1, have you been written up or charged with...
items AFG1a - AFG1k should be displayed on the same screen as much as space allows
Question ID:

AFG1a

A drug violation, such as possession, use, or dealing in drugs?
1

Yes

2

No
DK/RF

Question ID:

AFG1b

Possession of a weapon?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

212

July 15, 2022

National Inmate Survey: Year 4

Question ID:

AFG1c

Possession of stolen property?
1

Yes

2

No
DK/RF

Question ID:

AFG1d

Possession of any other unauthorized substance or item?
1

Yes

2

No
DK/RF

Question ID:

AFG1e

Verbal assault on a correctional officer or other staff member?
1

Yes

2

No
DK/RF

Question ID:

AFG1f

Physical assault on a correctional officer or other staff member?
1

Yes

2

No
DK/RF

Question ID:

AFG1g

Verbal assault on another inmate?
1

Yes

2

No
DK/RF

Question ID:

AFG1h

Physical assault on another inmate?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

213

July 15, 2022

National Inmate Survey: Year 4

Question ID:

AFG1i

Escape or attempted escape?
1

Yes

2

No
DK/RF

Question ID:

AFG1j

Any other major violation, including work slowdowns, food strikes, setting fires, rioting, etc.?
1

Yes

2

No
DK/RF

Question ID:

AFG1k

Any minor violations relating to facility orderliness and operation, such as use of abusive
language, horseplay, failing to follow sanitary regulations, etc.?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

214

July 15, 2022

National Inmate Survey: Year 4

WORK ASSIGNMENTS (WA)
Question ID:

WA1

Now think about work assignments at this facility.
Do you currently have a work assignment outside this jail facility for which you leave the jail
grounds?
1

Yes

2

No

GO TO WA2

DK/REF
Question ID:

WA2

For how many weeks have you been working at this work assignment that requires you to leave
the jail grounds?
1

Less than 1 week

2

1 - 5 weeks

3

6 - 12 weeks

4

13 weeks or longer
DK/REF

Box ID:

PB_WA1

IF WA1 = 1, CONTINUE TO WA3, ELSE GO TO WA4
Question ID:

WA3

In the past 7 days, about how many hours did you work outside the jail facility?
1

1 - 8 hours

2

9 - 16 hours

3

17 - 24 hours

4

25 - 32 hours

5

33 hours or more
DK/REF

Question ID:

WA4

Do you currently have a work assignment inside this jail or on the grounds of the jail?

1

Yes

2

No

GO TO WA5

DK/REF
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National Inmate Survey: Year 4

Question ID:

WA5

For how many weeks have you been working at this work assignment inside the jail or on the
grounds of the jail?
1

Less than 1 week

2

1 - 5 weeks

3

6 - 12 weeks

4

13 weeks or longer
DK/REF

Box ID:

PB_WA2

IF WA4 = 1, CONTINUE TO WA6, ELSE GO TO PB_WA3
Question ID:

WA6

In the past 7 days, about how many hours did you work inside this jail or on the grounds of the
jail?
1

1 - 8 hours

2

9 - 16 hours

3

17 - 24 hours

4

25 - 32 hours

5

33 hours or more
DK/REF

Box ID:

PB_WA3

IF WA1 = 1 OR WA4 = 1, CONTINUE TO WA7, ELSE GO TO PB_WA4
Question ID:

WA7

Are you required to have a work assignment while in this jail?
1

Yes

2

No
DK/REF

Box ID:

PB_WA4

IF WA1 = 1 OR WA4 = 1, CONTINUE TO WA8, ELSE GO TO PB_WA6
NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

WA8

Are you paid money for the work assignment you have?
1

Yes

2

No
DK/REF

Question ID:

WA9

[Other than money, do you receive anything else for the work assignment you do, such as time
credits or other privileges/Do you receive anything else for the work assignment you do, such as
time credits or other privileges]?
IF WA8 = 1, DISPLAY FILL = "Other than money, do you receive anything else for the work
assignment you do, such as time credits or other privileges" IF WA8 = 2 OR DK OR REF,
DISPLAY FILL = "Do you receive anything else for the work assignment you do, such as time
credits or other privileges"
1

Yes

2

No
DK/REF

Box ID:

PB_WA5

IF WA7 = 2, CONTINUE TO WA10, ELSE GO TO PB_WA6
Question ID:

WA10

Inmates choose to have a work assignment for different reasons. Do you have a work
assignment...
items WA10a - WA10e should be displayed on the same screen as much as space allows
Question ID:

WA10a

To break up boredom or see what the work assignment is like?
1

Yes

2

No
DK/RF

Question ID:

WA10b

To spend time with friends or make friends?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

WA10c

To try to get out of jail early?
1

Yes

2

No
DK/RF

Question ID:

WA10d

To learn some new job skills?
1

Yes

2

No
DK/RF

Question ID:

WA10e

To earn spending money?

1

Yes

2

No
DK/RF

Box ID:

PB_WA6

IF WA1 = 2 AND WA4 = 2, CONTINUE TO WA11, ELSE GO TO WA12
Question ID:

WA11

DOAFILL1, have you ever had a work assignment?
1

Yes

2

No

GO TO WA12

DK/REF
Question ID:

WA12

When was the last time you had a work assignment at this jail?
1

Within the past month

2

1 - 3 months ago

3

4 - 6 months ago

4

7 - 12 months ago
DK/REF

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Westat

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July 15, 2022

National Inmate Survey: Year 4

Box ID:

PB_WA7

IF WA11 = 1 OR 2, CONTINUE TO WA13, ELSE GO TO PP_1
Question ID:

WA13

Inmates do not have work assignments for a variety of reasons. For each reason listed below,
please indicate whether or not it is a reason why you don't currently have a work assignment.
items WA13a - WA13e should be displayed on the same screen as much as space allows
Question ID:

WA13a

You are not healthy enough to work?
1

Yes

2

No
DK/RF

Question ID:

WA13b

You don't want to do the jobs that are available?
1

Yes

2

No
DK/RF

Question ID:

WA13c

Facility staff will not allow you to work?
1

Yes

2

No
DK/RF

Question ID:

WA13d

You don't have the skills needed?
1

Yes

2

No
DK/RF

Question ID:

WA13e

You would rather do other things with your time?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

219

July 15, 2022

National Inmate Survey: Year 4

PROGRAM PARTICIPATION (PP)
Question ID:

PP_1

These next questions are about programs you have participated in at this facility.
DOAFILL1, have you participated in any job training programs, such as employment readiness
or vocational training?
1

Yes

2

No
DK/REF

Box ID:

PB_PP1

IF PP_1 = 1, CONTINUE TO PP_2, ELSE GO TO PB_PP2
Question ID:

PP_2

DOAFILL1, were you required to participate in any job training programs?
1

Yes

2

No
DK/REF

Question ID:

PP_3

Are you currently participating in any job training programs?
1

Yes

2

No
DK/REF

Box ID:

PB_PP1b

IF PP_3 =2, CONTINUE TO PP_4, ELSE GO TO PB_PP2
Question ID:

PP_4

Why aren't you participating in any job training programs?
items PP_4a - PP_4e should be displayed on the same screen as much as space allows

NIS-4 Jails Survey
Westat

220

July 15, 2022

National Inmate Survey: Year 4

Question ID:

PP_4a

You completed the program?
1

Yes

2

No
DK/RF

Question ID:

PP_4b

You quit or dropped out of the program?
1

Yes

2

No
DK/RF

Question ID:

PP_4c

You are no longer allowed to participate in the program?
1

Yes

2

No
DK/RF

Question ID:

PP_4d

The program is no longer available at this facility?
1

Yes

2

No
DK/RF

Question ID:

PP_4e

Some other reason?
1

Yes

2

No
DK/RF

Box ID:

PB_PP2

IF PP_1 = 2, CONTINUE TO PP_5, ELSE GO TO PB_PP3
Question ID:

PP_5

Why haven't you participated in any job training programs DOAFILL2?
items PP_5a - PP_5g should be displayed on the same screen as much as space allows

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

PP_5a

You are not interested in the program?
1

Yes

2

No
DK/RF

Question ID:

PP_5b

You are not eligible to participate in the program?
1

Yes

2

No
DK/RF

Question ID:

PP_5c

You are too busy to attend the program?
1

Yes

2

No
DK/RF

Question ID:

PP_5d

You don't need job training?
1

Yes

2

No
DK/RF

Question ID:

PP_5e

You don't think the program would be useful?
1

Yes

2

No
DK/RF

Question ID:

PP_5f

Job training programs are no longer offered at this facility?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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National Inmate Survey: Year 4

Question ID:

PP_5g

Some other reason?
1

Yes

2

No
DK/RF

Box ID:

PB_PP3

IF PP_1 = 1, CONTINUE TO PP_6, ELSE GO TO PP_7
Question ID:

PP_6

Why did you participate in job training programs DOAFILL2?
items PP_6a - PP_6e should be displayed on the same screen as much as space allows
Question ID:

PP_6a

To break up boredom or see what the program was like?
1

Yes

2

No
DK/RF

Question ID:

PP_6b

To spend time with friends or make friends?
1

Yes

2

No
DK/RF

Question ID:

PP_6c

To try to get out of jail early?
1

Yes

2

No
DK/RF

Question ID:

PP_6d

To learn some new skills?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
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National Inmate Survey: Year 4

Question ID:

PP_6e

Some other reason?
1

Yes

2

No
DK/RF

Question ID:

PP_7

DOAFILL1,have you participated in any education programs, such as high school, GED, adult
basic education, college courses, or English as a Second Language?

Question ID:

1

Yes

GO TO PP_8

2

No

GO TO PB_PP5

DK/REF

GO TO PB_PP5

PP_8

DOAFILL1, were you required to participate in any education programs?
1

Yes

2

No
DK/REF

Box ID:

PB_PP4

IF PP_7 = 1, CONTINUE TO PP_9, ELSE GO TO PB_PP5
Question ID:

PP_9

Are you currently participating in any education programs?
1

Yes

2

No

GO TO PP_10

DK/REF
Question ID:

PP_10

Why aren't you participating in any education programs?
items PP_10a - PP_10e should be displayed on the same screen as much as space allows
Question ID:

PP_10a

You completed the program?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

PP_10b

You quit or dropped out of the program?
1

Yes

2

No
DK/RF

Question ID:

PP_10c

You are no longer allowed to participate in the program?
1

Yes

2

No
DK/RF

Question ID:

PP_10d

The program is no longer available at this facility?
1

Yes

2

No
DK/RF

Question ID:

PP_10e

Some other reason?
1

Yes

2

No
DK/RF

Box ID:

PB_PP5

IF PP_7 = 2, CONTINUE TO PP_11, ELSE GO TO PB_PP6
Question ID:

PP_11

Why haven't you participated in any education programs DOAFILL2?
items PP_11a - PP_11g should be displayed on the same screen as much as space allows
Question ID:

PP_11a

You are not interested in the program?
1

Yes

2

No
DK/RF

NIS-4 Jails Survey
Westat

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July 15, 2022

National Inmate Survey: Year 4

Question ID:

PP_11b

You are not eligible to participate in the program?
1

Yes

2

No
DK/RF

Question ID:

PP_11c

You are too busy to attend the program?
1

Yes

2

No
DK/RF

Question ID:

PP_11d

You don't need education training?
1

Yes

2

No
DK/RF

Question ID:

PP_11e

You don't think the program would be useful?
1

Yes

2

No
DK/RF

Question ID:

PP_11f

Education programs are no longer offered at this facility?
1

Yes

2

No
DK/RF

Question ID:

PP_11g

Some other reason?
1

Yes

2

No
DK/RF

Box ID:

PB_PP6

IF PP_7 = 1, CONTINUE TO PP_12, ELSE GO TO PB_PP7
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Question ID:

PP_12

Why did you participate in education programs DOAFILL2?
items PP_12a - PP_12e should be displayed on the same screen as much as space allows
Question ID:

PP_12a

To break up boredom or see what the program was like?
1

Yes

2

No
DK/RF

Question ID:

PP_12b

To spend time with friends or make friends?
1

Yes

2

No
DK/RF

Question ID:

PP_12c

To try to get out of jail early?
1

Yes

2

No
DK/RF

Question ID:

PP_12d

To learn some new skills?
1

Yes

2

No
DK/RF

Question ID:

PP_12e

Some other reason?
1

Yes

2

No
DK/RF

Box ID:

PB_PP7

IF PP_7 = 1, CONTINUE TO PP_13, ELSE GO TO PP_14

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Question ID:

PP_13

What types of education programs did you participate in DOAFILL2?
items PP_13a - PP_13e should be displayed on the same screen as much as space allows
Question ID:

PP_13a

Basic education classes up through 8th grade?
1

Yes

2

No
DK/RF

Question ID:

PP_13b

High school or GED classes?
1

Yes

2

No
DK/RF

Question ID:

PP_13c

College level classes?
1

Yes

2

No
DK/RF

Question ID:

PP_13d

English as a Second Language or ESL classes?
1

Yes

2

No
DK/RF

Question ID:

PP_13e

Some other education program?
1

Yes

2

No
DK/RF

Question ID:

PP_14

DOAFILL1,have you participated in any of the following classes or programs?
items PP_14a - PP_14i should be displayed on the same screen as much as space allows

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Question ID:

PP_14a

A parenting or child rearing class?
1

Yes

2

No
DK/RF

Question ID:

PP_14b

An anger management or conflict resolution class?
1

Yes

2

No
DK/RF

Question ID:

PP_14c

A money management or financial planning class?
1

Yes

2

No
DK/RF

Question ID:

PP_14d

A sex offender treatment program?
1

Yes

2

No
DK/RF

Question ID:

PP_14e

A religious study group?
1

Yes

2

No
DK/RF

Question ID:

PP_14f

An inmate assistance group such as an inmate counseling group, advisory council, worker's
council, or inmate liaison group?
1

Yes

2

No
DK/RF

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Question ID:

PP_14g

A drug or alcohol support group such as Alcoholics Anonymous, Al-Anon, or Narcotics
Anonymous?
1

Yes

2

No
DK/RF

Question ID:

PP_14h

An arts and crafts program?
1

Yes

2

No
DK/RF

Question ID:

PP_14i

A health or nutrition program?
1

Yes

2

No
DK/RF

Box ID:

PB_PP7a

IF ANY ITEMS IN PP_14 = 1 CONTINUE TO PP_15, ELSE SKIP TO VOC_1
Question ID:

PP_15

Are you currently participating in any of the following classes or programs?
items PP_15a - PP_15i should be displayed on the same screen as much as space allows
Box ID:

PB_PP8

IF PP_14a = 1, CONTINUE TO PP_15a, ELSE GO TO PB_PP9
Question ID:

PP_15a

A parenting or child rearing class?
1

Yes

2

No
DK/RF

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Box ID:

PB_PP9

IF PP_14b = 1,CONTINUE TO PP_15b, ELSE GO TO PB_PP10
Question ID:

PP_15b

An anger management or conflict resolution class?
1

Yes

2

No
DK/RF

Box ID:

PB_PP10

IF PP_14c = 1, CONTINUE TO PP_15c, ELSE GO TO PB_PP11
Question ID:

PP_15c

A money management or financial planning class?
1

Yes

2

No
DK/RF

Box ID:

PB_PP11

IF PP_14d = 1, CONTINUE TO PP_15d, ELSE GO TO PB_PP12
Question ID:

PP_15d

A sex offender treatment program?
1

Yes

2

No
DK/RF

Box ID:

PB_PP12

IF PP_14e = 1, CONTINUE TO PP_15e, ELSE GO TO PB_PP13

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Question ID:

PP_15e

A religious study group?
1

Yes

2

No
DK/RF

Box ID:

PB_PP13

IF PP_14f = 1, CONTINUE TO PP_15f, ELSE GO TO PB_PP14
Question ID:

PP_15f

An inmate assistance group such as an inmate counseling group, advisory council, worker's
council, or inmate liaison group?
1

Yes

2

No
DK/RF

Box ID:

PB_PP14

IF PP_14g = 1, CONTINUE TO PP_15g, ELSE GO TO PB_PP15
Question ID:

PP_15g

A drug or alcohol support group such as Alcoholics Anonymous, Al-Anon, or Narcotics
Anonymous?
1

Yes

2

No
DK/RF

Box ID:

PB_PP15

IF PP_14h = 1, CONTINUE TO PP_15h, ELSE GO TO PB_PP16
Question ID:

PP_15h

An arts and crafts program?
1

Yes

2

No
DK/RF

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Box ID:

PB_PP16

IF PP_14i = 1, CONTINUE TO PP_15i, ELSE GO TO SECTION VOC_1
Question ID:

PP_15i

A health or nutrition program?
1

Yes

2

No
DK/RF

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National Inmate Survey: Year 4

VISITORS AND OUTSIDE CONTACT (VOC)
Question ID:

VOC_1

These next questions are about contact you have with people outside this facility. By contact we
mean phone calls, video visits, e-mails, text messages, letters, DVDs, CDs, tape recordings, or
in-person visits.
DOAFILL1, have you had any contact with your relatives?
1

Yes

2

No

GO TO VOC_2

DK/REF
Question ID:

VOC_2

DOAFILL1, what kinds of contact have you had with any of your relatives?
Have you...
items VOC_2a - VOC_2d should be displayed on the same screen as much as space allows
Question ID:

VOC_2a

Had in-person visits?
1

Yes

2

No
DK/RF

Question ID:

VOC_2b

Talked on the phone?
1

Yes

2

No
DK/RF

Question ID:

VOC_2c

Received letters?
1

Yes

2

No
DK/RF

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Question ID:

VOC_2d

Had some other type of contact such as emails, text messaging, video visiting, DVDs, CDs, or
tape recordings?
1

Yes

2

No
DK/RF

Box ID:

PB_VOC1

IF VOC_2a = 1 OR VOC_2b = 1 OR VOC_2c = 1 OR VOC_2d = 1, CONTINUE TO VOC_3, ELSE
GO TO PB_VOC2
Question ID:

VOC_3

When was the last time you had any kind of contact with your relatives?
1

Within the past day

2

More than a day ago but within the past week

3

More than a week ago but within the past month

4

More than a month ago but within the past 3
months

5

More than 3 months ago but within the past 6
months

6

More than 6 months ago
DK/REF

Box ID:

PB_VOC2

IF VOC_1=2, CONTINUE TO VOC_4, ELSE GOT TO VOC_5
Question ID:

VOC_4

Why do you think you have not had any kind of contact with your relatives DOAFILL2?
you think it is because...

Do

items VOC_4a - VOC_4f should be displayed on the same screen as much as space allows
Question ID:

VOC_4a

They live too far away?
1

Yes

2

No
DK/RF

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Question ID:

VOC_4b

They cannot afford to travel to this jail?
1

Yes

2

No
DK/RF

Question ID:

VOC_4c

They don't want to see you while you are incarcerated?
1

Yes

2

No
DK/RF

Question ID:

VOC_4d

You are not allowed to have visitors?
1

Yes

2

No
DK/RF

Question ID:

VOC_4e

You do not want to have visitors?
1

Yes

2

No
DK/RF

Question ID:

VOC_4f

They are not healthy enough to travel?
1

Yes

2

No
DK/RF

Question ID:

VOC_5

DOAFILL1,have you had any contact with your friends or acquaintances?
1

Yes

2

No

GO TO VOC_6

DK/REF
Question ID:

VOC_6

DOAFILL1,what kinds of contact have you had with your friends oracquaintances? Have
you...
items VOC_6a - VOC_6d should be displayed on the same screen as much as space allows
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Question ID:

VOC_6a

Had in-person visits?
1

Yes

2

No
DK/RF

Question ID:

VOC_6b

Talked on the phone?
1

Yes

2

No
DK/RF

Question ID:

VOC_6c

Received letters?
1

Yes

2

No
DK/RF

Question ID:

VOC_6d

Had some other type of contact such as emails, text messaging, video visiting, DVDs, CDs, or
tape recordings?
1

Yes

2

No
DK/RF

Box ID:

PB_VOC3

IF VOC_6a = 1 OR VOC_6b = 1 OR VOC_6c = 1 OR VOC_6d = 1, CONTINUE TO VOC_7, ELSE
GO TO PB_VOC4

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National Inmate Survey: Year 4

Question ID:

VOC_7

When was the last time you had any kind of contact with your friends or acquaintances?
1

Within the past day

2

More than a day ago but within the past week

3

More than a week ago but within the past month

4

More than a month ago but within the past 3
months

5

More than 3 months ago but within the past 6
months

6

More than 6 months ago
DK/REF

Box ID:

PB_VOC4

IF VOC_5=2, CONTINUE TO VOC_8, ELSE GO TO SECTION PRP
Question ID:

VOC_8

Why do you think you have not had any kind of contact with your friends or acquaintances
DOAFILL2? Do you think it is because...
items VOC_8a - VOC_8f should be displayed on the same screen as much as space allows
Question ID:

VOC_8a

They live too far away?
1

Yes

2

No
DK/RF

Question ID:

VOC_8b

They cannot afford to travel to this jail?
1

Yes

2

No
DK/RF

Question ID:

VOC_8c

They don't want to see you while you are incarcerated?
1

Yes

2

No
DK/RF

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National Inmate Survey: Year 4

Question ID:

VOC_8d

You are not allowed to have visitors?
1

Yes

2

No
DK/RF

Question ID:

VOC_8e

You do not want to have visitors?
1

Yes

2

No
DK/RF

Question ID:

VOC_8f

They are not healthy enough to travel?
1

Yes

2

No
DK/RF

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National Inmate Survey: Year 4

POST-RELEASE PLANS (PRP)
Question ID:

PRP1

These last questions are about plans you may have for after you are released from this facility
into the community.
Do you have a definite date on which you expect to be released from jail into the community?
1

Yes

2

No

GO TO PRP2

DK/REF
Question ID:

PRP2

How much more time do you think you will serve before you are released into the community?
1

Less than 30 days

2

At least 30 days but less than 1 year

3

At least 1 year but less than 5 years

4

At least 5 years but less than 10 years

5

10 years or more
DK/REF

Question ID:

PRP14

How far is this jail from where you were living before you entered jail on your current
incarceration?
1

Less than 5 miles

2

5 - 10 miles

3

11 - 20 miles

4

21 - 50 miles

5

51 - 100 miles

6

101 - 500 miles

7

501 miles or more
DK/REF

Box ID:

PB_PRP2

IF PRP1=1 CONTINUE TO PRP5, ELSE GO TO PB_PRP3

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Question ID:

PRP5

Do you have a plan for where you will live after you are released from jail into the community?
1

Yes

2

No
DK/REF

Box ID:

PB_PRP3

IF PRP5=1 CONTINUE TO PRP6, ELSE GO TO PB_PRP4
Question ID:

PRP6

Did any staff at this jail help you make plans for where you will live after you are released from
jail into the community?
1

Yes

2

No
DK/REF

Box ID:

PB_PRP4

IF PRP5=1, CONTINUE TO PRP7, ELSE GO TO PB_PRP6
Question ID:

PRP7

Do you think you will live alone after you are released from jail or do you think you will live with
other people?
1

Will live alone

2

Will live with other people

GO TO PRP8

DK/REF
Question ID:

PRP8

Who do you plan to live with after you are released from jail into the community?
items PRP8a - PRP8j should be displayed on the same screen as much as space allows
Box ID:

PB_PRP7

IF D1=1, CONTINUE TO PRP8a, ELSE GO TO PRP8b

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Question ID:

PRP8a

Your husband or wife?
1

Yes

2

No
DK/RF

Question ID:

PRP8b

Your boyfriend or girlfriend?
1

Yes

2

No
DK/RF

Question ID:

PRP8c

Your parents or step-parents?
1

Yes

2

No
DK/RF

Question ID:

PRP8d

Your brother or sister?
1

Yes

2

No
DK/RF

Question ID:

PRP8e

Your children who are younger than 18?
1

Yes

2

No
DK/RF

Question ID:

PRP8f

Your children who are at least 18 years old?
1

Yes

2

No
DK/RF

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Question ID:

PRP8g

Your grandparents?
1

Yes

2

No
DK/RF

Question ID:

PRP8h

Your grandchildren?
1

Yes

2

No
DK/RF

Question ID:

PRP8i

Some other relative, such as an aunt, uncle, or cousin?
1

Yes

2

No
DK/RF

Question ID:

PRP8j

Someone you are not related to?
1

Yes

2

No
DK/RF

Box ID:

PB_PRP6

IF PRP5=1, CONTINUE TO PRP9, ELSE GO TO M0
Question ID:

PRP9

Where do you plan to live after you are released from jail into the community?
items PRP9a - PRP9h should be displayed on the same screen as much as space allows
Question ID:

PRP9a

In your own house, apartment, condo or mobile home?
1

Yes

2

No
DK/RF

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Question ID:

PRP9b

In someone else's house, apartment, condo or mobile home?
1

Yes

2

No
DK/RF

Question ID:

PRP9c

In transitional housing for former inmates such as a halfway house?
1

Yes

2

No
DK/RF

Question ID:

PRP9d

In a residential treatment facility?
1

Yes

2

No
DK/RF

Question ID:

PRP9e

In a rooming house, hotel, or motel?
1

Yes

2

No
DK/RF

Question ID:

PRP9f

In a car, truck, or other motor vehicle?
1

Yes

2

No
DK/RF

Question ID:

PRP9g

In a homeless shelter, on the street, or in some outdoor location?
1

Yes

2

No
DK/RF

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National Inmate Survey: Year 4

Question ID:

PRP9h

In some other place?
1

Yes

2

No
DK/RF

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National Inmate Survey: Year 4

INTERVIEW DEBRIEFING - INMATE (M)
Box ID:

M0

Thank you for completing the survey. Now we have a few questions about your experience with
this interview.
Touch the NEXT button to go to the next screen.

Question ID:

M1

How difficult was it for you to use the computer to do this survey?
1

Not difficult at all

2

Sort of difficult

3

Very difficult
DK/REF

Box ID:

PB_M1

DEFINE InterviewTypeFill:
IF RANDOM = 95, then InterviewTypeFill = "your own experiences with sex and sexual assault
in this facility"
IF RANDOM = 5, then InterviewTypeFill = "your childhood and your experiences at this facility"

Question ID:

M2

How comfortable did you feel using the computer to answer questions about
[InterviewTypeFIll]?
1

Very comfortable

2

Somewhat comfortable

3

Somewhat uncomfortable

4

Very uncomfortable
DK/REF

Question ID:

M3

How upsetting did you find it to answer questions about [InterviewTypeFIll]?
1

Not upsetting at all

2

Somewhat upsetting

3

Very upsetting
DK/REF

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National Inmate Survey: Year 4

Question ID:

M4

How accurate are the answers you entered into the computer?
1

Not very accurate

2

Fairly accurate

3

Very accurate
DK/REF

Question ID:

M5

Did anyone tell you directly that you were required to participate in this study?
1

Yes

2

No

GO TO M6

DK/REF
Question ID:

M6

Who told you that you were required to participate in this study?
1

A facility staff person

2

An interviewer from Westat

3

Another inmate

4

Someone else

GO TO M7

DK/REF
Question ID:

M7

Were you ever made to feel that you were required to participate in this study?
1

Yes

2

No
DK/REF

Question ID:

M8

Did anyone put pressure on you to answer the survey questions in a certain way?
1

Yes

2

No

GO TO M9

DK/REF
Question ID:

M9

Who pressured you to answer the survey questions in a certain way?
1

A facility staff person

2

An interviewer from Westat

3

Another inmate

4

Someone else
DK/REF

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Box ID:

PB_M2

IF M8 = 1 AND RANDOM = 95, CONTINUE TO M10, ELSE GO TO M11
Question ID:

M10

Are there any types of sex or sexual contact that you didn't report in this survey because
someone pressured you not to?
1

Yes

2

No
DK/REF

Box ID:

M11

That is all the questions we have. If you found the survey questions upsetting for any reason,
your interviewer can tell you how to contact a mental health counselor employed by this facility.
Thank you very much for participating in this study.

Box ID:

M11a

Please tell your interviewer that you have completed the survey.

Box ID:

M11b

SURVEY COMPLETED. ENTER PASSWORD TO CONTINUE.

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INTERVIEW DEBRIEFING - INTERVIEWER (M)
Box ID:

M12

THANK INMATE FOR PARTICIPATING.
NOTIFY OFFICER THAT THE INMATE IS FINISHED AND CAN LEAVE THE INTERVIEW ROOM.
THE LAST SET OF DEBRIEFING QUESTIONS WILL BE FOR THE INTERVIEWER.

Question ID:

M13

Estimate the respondent's understanding of the interview

Question ID:

1

No difficulty - no language or reading problem

2

Some difficulty

3

A great deal of difficulty

4

Don't know

M14

Please record any comments the respondent made about the nature of the questions or the task
of answering the questions during either the CAPI or ACASI portions of the interview.
NOTES: ALLOW 150 CHARACTERS
Question ID:

M15

How upset did the respondent appear to be during the ACASI portion of the interview?

Box ID:

1

Not upset at all

2

Somewhat upset

3

Very upset

PB_M3

IF M15 = 2 OR 3, CONTINUE TO M16, ELSE GO TO M17
Question ID:

M16

Please provide any details you can about why this inmate appeared to be somewhat or very
upset during the ACASI portion of the interview.
NOTES: ALLOW 150 CHARACTERS

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National Inmate Survey: Year 4

Question ID:

M17

Did this inmate complete the interview while wearing shackles?

Question ID:

1

Yes

2

No

M18

Did this inmate complete the interview while wearing handcuffs?

Question ID:

1

Yes

2

No

M19

Did the inmate complain to you about how long they had to wait to be seen by an interviewer?

Question ID:

1

Yes

2

No

M20

How much difficulty did you have persuading this inmate to participate in the NIS?

Question ID:

1

No difficulty - the inmate was eager to
participate

2

Just a little difficulty - the inmate was willing,
but not eager, to participate

3

Some difficulty - the inmate wasn't willing but
you were able to persuade him/her

4

Quite a lot of difficulty - you had to really work
to counter the inmate's objections

M21

Indicate the degree of distractions or interruptions during the interview.

Question ID:

1

None

2

A few

3

A lot

M22

Was the privacy of the interview setting compromised at any point during the interview?

Question ID:

1

Yes

2

No

GO TO M23

M23

In what way was the privacy of the interview setting compromised during this interview?
NOTES: ALLOW 150 CHARACTERS
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Box ID:

PB_M4

IF I3=1, CONTINUE TO M24, ELSE GO TO M26
Question ID:

M24

Did the inmate take the incentive that was offered?

Question ID:

1

Yes

2

No

M26

PLEASE PROVIDE ANY OTHER COMMENTS ABOUT THE INTERVIEW THAT WOULD BE USEFUL
FOR THE PROJECT TEAM TO KNOW:
NOTES: ALLOW 150 CHARACTERS
Box ID:

REVIEW

INTERVIEWER: YOU HAVE REACHED THE END OF THE INTERVIEW. ENTER 1 AND PRESS THE
ENTER KEY TO EXIT THE INTERVIEW AND GO BACK TO THE IMS.

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Attachment D: Full Study ACASI Consent Form & Script

Bureau of Justice
Statistics

National Inmate Survey
Full Study

Consent to Participate in Research - ACASI
Introduction

The National Inmate Survey is a research study being done by the Bureau of Justice Statistics and Westat.
You are one of the inmates at this facility who have been randomly selected to participate. Approximately
40,000 inmates will be interviewed at several hundred facilities across the United States. Data from this
study will be used to estimate the number of inmates who are sexually assaulted in jails each year. Your
participation in this study is voluntary.

Description of the Study

This interview will take about 45 minutes. To start, the interviewer will ask you some questions about
your background and enter them into the tablet device. Next, the interviewer will show you how to use the
tablet and you can complete the rest of the survey on your own. You will be able to see the questions on
the screen and listen to them through headphones. You will enter your answers directly into the tablet by
touching the screen. The interviewer will be nearby in case you have questions but won’t be able to see
your answers.
You will be randomly assigned to receive either detailed questions about your own experiences with sex
and sexual assault while in this facility (such as the types of sexual acts and where they occurred) or
questions about your childhood and your experiences before coming to this facility. In addition, you will
be asked about your criminal history and military service. You will never be asked to identify anyone by
name. You are the only one who will know which questions you are asked. Even the interviewer won’t
know unless you discuss the questions with him/her.

Possible Risks or Discomforts

Some of the questions in this interview are personal and they could make you feel uncomfortable or upset.
You can skip any questions you do not want to answer and you can stop the interview at any time. Please
tell the interviewer if you want to stop or take a break during the interview. If you find the questions
upsetting for any reason, the interviewer can also provide you with instructions for contacting a mental
health counselor.

Benefits

You will not receive any direct benefits for participating in this study. However, the results of this study
may help improve the well-being of inmates in jail facilities across the United States. If you choose not to
participate, you will not lose any benefits or services that you now receive or might receive in the future.
Whether you participate or not will not affect your legal status or any decisions regarding your release
from this facility in any way.

Confidentiality

Your name will never be connected with the information you provide in this interview. We will treat
everything you say as private and confidential. That is, we will not associate any information you
provide with your personal identifiable information (PII) with anyone who is not working on the
study. The room is set up so that no one can see the answers you select. No one onthe project or on
staff here will ever know your answers. The study team will combine the responses from all inmates
who take part. The study reports will give only total and percentages, never any individual inmate’s
answers.
There is, however, an exception to our promise of confidentiality. If you tell the interviewer that you
intend to seriously harm yourself or a specific person, the interviewer will need to inform correctional
staff here or authorities outside the facility who are responsible for protecting inmates.
FOR 16 AND 17 YEAR OLDS ONLY:
If you tell the interviewer out loud that you have been or are being abused, the interviewer or his/her
supervisors will report that information to the agency in this state that investigates abuse. Oncewe
make a report, we have no control over what will be done with the information.

Further Questions

You may keep a copy of this form. If you have any questions about the project, you may write to the
National Inmate Survey at Westat, 1600 Research Blvd., RB 2146, Rockville, MD 20850. If you have
questions about your rights as a project participant, you can write to Westat's Institutional Review Board,
Human Subjects Protection at the same address.

OFFICE USE ONLY:

Study representative’s signature

Date

Interviewer Script to be Read After ACASI Consent Form
Instructions for Interviewer: YOU MUST READ THE FOLLOWING SCRIPT ALOUD TO THE INMATE AND
CONFIRM THAT HE/SHE UNDERSTANDS THE INFORMATION BEFORE CONCLUDING THE INFORMED
CONSENT PROCESS.
I want to go over the main points covered in this form to make sure everything is clear:
• This interview is voluntary. You can say yes or no. It is totally up to you. Nothing about your legal situation, such as
when you will be released or what treatment you might receive, will be changed by whether or not you participate in the
interview.
• If you start the interview and then want to quit, that’s okay.
• If you want to skip any questions, that’s okay also.
Do you understand?
IF THE INMATE ANSWERS, “NO”, I can answer any questions you have about the interview or what is contained in this
consent document.
ANSWER ANY QUESTIONS THE INMATE HAS. THEN RETURN TO THE CONSENT FORM AND RE-READ THE
“POSSIBLE RISKS OR DISCOMFORTS” AND “BENEFITS” SECTIONS. POINT TO THE TEXT ON THE INMATE’S
COPY OF THE CONSENT FORM.
Do you understand?
IF THE INMATE ANSWERS, “NO,” Thank you for coming to see me today, I appreciate your time. Those are all
the questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS
FINISHED.
IF THE INMATE ANSWERS, “YES”, CONTINUE.
It is possible that some of the questions you answer using the computer may make you feel nervous or upset. If that happens and
you want to take a break or you want to talk to someone about how the questions made you feel, you can tell me you want to
take a break or want to speak with someone.
The form I just read aloud to you also talks about privacy. By private, we mean that the answers you enter into the computer,
even those about being abused or harmed, will always be kept secret. No one will ever know your answers, not even me.
IF INMATE IS 18 YEARS OLD OR OLDER, CONTINUE. OTHERWISE, SKIP TO THE “READ FOR 16 AND 17 YEAR
OLDS ONLY” SECTION.
Do you have any questions?
IF THE INMATE ANSWERS, “YES”, ANSWER INMATE’S QUESTIONS.
IF THE INMATE ANSWERS, “NO”, CONTINUE.
If you think of any questions or comments about the survey later, you can write us at the address provided. If you would like to
participate in the interview, please tell me now and we will begin.
IF INMATE GIVES CONSENT, INFORM THE INMATE THEY CAN KEEP A COPY OF THE CONSENT FORM IF
THEY WANT ONE. CONTINUE WITH THE SURVEY.
IF INMATE DOES NOT GIVE CONSENT, Thank you for coming to see me today, I appreciate your time. Those are all the
questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS FINISHED.
END OF CONSENT FOR INMATES 18 YEARS OLD OR OLDER.

READ FOR 16 AND 17 YEAR OLDS ONLY:
However, if you tell me out loud that you are being abused at this facility I, or my supervisors, will report that information
to the agency in this state that investigates abuse. Once we make a report, we have no control over what will bedone with
the information.
Just so I’m absolutely sure you understand this…
If you tell me that you have been abused or harmed, will I have to report it to a government agency?
IF THE INMATE ANSWERS “NO”, POINT TO THE “FOR 16 AND 17 YEAR OLDS ONLY” SECTION ON THE
INMATE’S COPY OF THE CONSENT FORM, THEN READ THE FOLLOWING:
If you tell me out loud that you have been or are being abused, I or my supervisors will report that information to theagency
in this state that investigates abuse. Once we make a report, we have no control over what will be done with the information.
I will ask the last question again, if you tell me that you have been abused or harmed, will I have to report it to a government
agency?
IF THE INMATE ANSWERS “NO”, Thank you for coming to see me today, I appreciate your time. Those are all
the questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS
FINISHED.
IF THE INMATE ANSWERS “YES”, CONTINUE.
If you answer on the computer that you or anyone else has been abused or harmed, will I have to report it to a government agency?
IF THE INMATE ANSWERS “YES”, POINT TO THE “CONFIDENTIALITY” PARAGRAPH ON THE INMATE’S
COPY OF THE CONSENT FORM. , THEN READ THE FOLLOWING:
Your name will never be connected with the information you provide in this interview. We will treat everything you say as
private and confidential. That is, we will not associate any information you provide with your personal identifiable information
(PII) with anyone who is not working on the study. The room is set up so that no one can see the answers you select. No one on
the project or on staff here will ever know your answers. The study team will combine the responses from all inmates who take
part. The study reports will give only total and percentages, never any individual inmate’sanswers. Do you have any
questions?
IF THE INMATE ANSWERS, “YES”, ANSWER INMATE’S QUESTIONS.
IF THE INMATE ANSWERS, “NO”, CONTINUE.
I will ask the last question again, if you answer on the computer that you or anyone else has been abused or harmed, will I
have to report it to a government agency?
IF THE INMATE ANSWERS “YES”, Thank you for coming to see me today, I appreciate your time. Those are all
the questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS
FINISHED.
IF THE INMATE ANSWERS “NO”, CONTINUE.
Now, if someone asked you whether you had to do the interview or whether it was voluntary, what would you say?
• Have to do it.
• I didn’t have to do it/ it is voluntary.

IF THE INMATE ANSWERS, “HAVE TO DO IT”, POINT TO THE “INTRODUCTION” PARAGRAPH ON THE
CONSENT FORM, AND TO THE LAST SENTENCE, THEN READ THE FOLLOWING:
Your participation in this study is voluntary. If you choose not to participate, you will not lose any benefits or services that
you now receive or might receive in the future. Whether you participate or not will not affect your legal status or any decisions
regarding your release from this facility in any way.
I will ask the last question again, if someone asked you whether you have to do the interview or whether it is voluntary, what
would you say?

•
•

Have to do it.
I don’t have to do it/ it was voluntary.

IF THE INMATE ANSWERS, “HAVE TO DO IT”, Thank you for coming to see me today, I appreciate your time.
Those are all the questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS
FINISHED.
IF THE INMATE ANSWERS, “I DON’T HAVE TO DO IT/IT IS VOLUNTARY”, CONTINUE.
Do you have any questions?
IF THE INMATE ANSWERS, “YES”, ANSWER INMATE’S QUESTIONS.
IF THE INMATE ANSWERS, “NO”, CONTINUE.
If you think of any questions or comments about the survey later, you can write us at the address provided. If you would like to
participate in the interview, please tell me now and we will begin.
IF INMATE GIVES CONSENT, INFORM THE INMATE THEY CAN KEEP A COPY OF THE CONSENT FORM IF
THEY WANT ONE. CONTINUE WITH THE SURVEY.
IF INMATE DOES NOT GIVE CONSENT, Thank you for coming to see me today, I appreciate your time. Those are all the
questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS FINISHED.

Attachment E: PAPI Questionnaires
Four PAPI questionnaires are included in the attachment, as described below:
Form 1: Intended for female inmates who have been in the facility for 12 months or longer.
Form 2: Intended for male inmates who have been in the facility for 12 months or longer.
Form 3: Intended for female inmates who have been in the facility for a period less than 12
months.
Form 4: Intended for male inmates who have been in the facility for a period less than 12
months.

OMB No.:
Exp.:

XXXX-XXXX
XX/XX/XXXX

NATIONAL INMATE
SURVEY - JAILS
Conducted by the Bureau of Justice Statistics
and
Westat

NOTICE: Public reporting for this collection of information is estimated to average 15 minutes per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810
Seventh Street, NW, Washington, DC 20531. An agency may not conduct or sponsor, and a person is not required to respond
to a collection of information unless it displays a currently valid OMB control number. The OMB control number for this
project is XXXX-XXXX.

6. Are you currently being held in this facility for any
of the following:

SECTION A

Mark

Please answer the question in the space provided or
mark your answer in the box, like this . To protect
your privacy, do not put your name on this survey.
1. On what date were you admitted to this facility?
If you cannot remember the exact date, please write
down whatever you can remember, such as the year
and the month.
________ / ________ / ________
Month
Day
Year

“Yes” or “No” for each item.

Yes

No

A violent offense, such as physical or
sexual assault, rape, robbery,
manslaughter, attempted murder, or
murder?

1

2

A drug offense, such as possessing,
selling, or manufacturing drugs?

1

2

A property offense, such as burglary,
larceny, auto theft, bad checks, fraud,
forgery or grand theft?

1

2

Any other offense?

1

2

2. How old are you?
7. How long have you been in this facility?

Age: _______

Less than 1 week....................................................
At least 1 week but less than 1 month ...................
At least 1 month but less than 2 months ................
At least 2 months but less than 6 months...............
At least 6 months but less than 1 year ...................
At least 1 year but less than 5 years .......................
At least 5 years but less than 10 years ...................
10 years or more ....................................................

3. Are you of Hispanic, Latino, or Spanish origin?
Yes .........................................................................
No ..........................................................................

1
2

4. Which of these categories describes your race:
Mark

“Yes” or “No” for each item.

Yes

No

White

1

2

Black or African American

1

2

American Indian or Alaska Native

1

2

Asian

1

2

Native Hawaiian or other Pacific Islander

1

2

2
3
4
5
6
7
8

8. Before you were admitted to this facility, had you
ever spent time as an adult or juvenile in a prison,
jail, or other correctional facility?
Yes .........................................................................
No ..........................................................................

1
2

9. Which of the following best represents how you
think about yourself?

5. What is the highest level of school you have
completed?
Less than a high school graduate ...........................
High school graduate or GED ...............................
Some college .........................................................
College degree or more .........................................

1

Lesbian or gay........................................................
Straight; that is, not lesbian or gay ........................
Bisexual; that is, you are sexually attracted
to both men and women .........................................
Something else .......................................................

1
2
3
4

1

1
2

3
4

10. What sex were you assigned at birth on your
original birth certificate?
Male ........................................................................
Female ....................................................................

15. This question is about wanted or voluntary sex or
sexual contact you have had with other inmates in
this facility. In the past 12 months, did you do any
of the following:

1
2

“Yes” or “No” for each item.

Yes

No

Touch another inmate's body in a sexual
way or have your body touched in a
sexual way?

1

2

Have oral sex with another inmate at
this facility?

1

2

Have vaginal sex with another inmate
at this facility?

1

2

Have anal sex with another inmate at
this facility?

1

2

Have any type of sex or sexual contact
with another inmate at this facility other
than sexual touching, oral sex, vaginal
sex, or anal sex?

1

2

Mark
11. Do you currently think of yourself as…?
Male .......................................................................
Female ...................................................................
Transgender ...........................................................
None of these .........................................................

1
2
3
4

12. Before you entered this facility, had anyone ever
physically forced, pressured, or made you feel you
had to have sex or sexual contact—that is
unwanted touching of the breasts, genitals or butt,
or vaginal, oral, or anal sex?
Yes ..................................
No ...................................

1
2

Continue to item 13
Go to item 14

These next questions ask about unwanted sex or
sexual contact you have had with other inmates in
this facility. By unwanted, we mean sex or sexual
contact that you did not want to happen.

13. Were you physically forced, pressured, or made to
feel you had to have sex or sexual contact before
you were 18 years old, after you turned 18, or
both?
Before you were 18 ...............................................
After you turned 18 ...............................................
Both .......................................................................

1

16. In the past 12 months, did another inmate use
physical force to make you do any of the following:

2
3

Mark
14. Before you entered this facility, were you
physically forced, pressured, or made to feel that
you had to have sex or sexual contact while you
were an adult or juvenile in a jail, prison, or other
correctional facility?
Yes .........................................................................
No ..........................................................................

1
2

2

“Yes” or “No” for each item.

Yes

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Have oral sex with them?

1

2

Have vaginal sex with them?

1

2

Have anal sex with them?

1

2

Have any type of sex or sexual contact
with them other than sexual touching,
oral sex, vaginal sex, or anal sex?

1

2

17. In the past 12 months, did another inmate, without
using physical force, pressure you or make you feel
that you had to do any of the following:
Mark

“Yes” or “No” for each item.

Yes

20. In the past 12 months, when you were physically
forced, pressured, or made to feel that you had to
have sex or sexual contact with another inmate, did
you ever:

No

Mark

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Have oral sex with them?

1

Have vaginal sex with them?

“Yes” or “No” for each item.

Yes

No

Receive knife or stab wounds?

1

2

2

Receive broken bones?

1

2

1

2

Receive anal or vaginal tearing?

1

2

Have anal sex with them?

1

2

Have your teeth chipped or knocked out?

1

2

Have any type of sex or sexual contact
with them other than sexual touching,
oral sex, vaginal sex, or anal sex?

Receive internal injuries?

1

2

1

2

Get knocked unconscious?

1

2

Receive bruises, a black eye, sprains,
cuts, scratches, swelling, or welts?

1

2

18. In the past 12 months, how many times altogether
were you physically forced, pressured, or made to
feel like you had to have sex or sexual contact with
another inmate?
0 times ..................
1 time ....................
2 times ..................
3–10 times ............
11 times or more ...

1



2
3

SECTION B

Go to SECTION B
on page 3



These next questions ask about sex or sexual contact
you have had with staff at this facility. By staff, we
mean the employees of this facility and anybody who
works as a volunteer in this facility.

Continue to item 19

4
5

21. This question is about willing sex or sexual contact
you have had with any staff at this facility. In the
past 12 months, did you do any of the following:

19. In the past 12 months, when you were physically
forced, pressured, or made to feel that you had to
have sex or sexual contact with another inmate,
were you ever:
Mark

“Yes” or “No” for each item.

Yes

Mark

No

Persuaded or talked into it?

1

2

Given a bribe or blackmailed?

1

2

Given drugs or alcohol to get you drunk
or high?

1

Offered protection from other inmates?

1

2

Trying to pay off or settle a debt that you
owed?

1

2

Threatened with harm or a weapon?

1

2

Physically held down or restrained?

1

2

Physically harmed or injured?

1

2

“Yes” or “No” for each item.

Yes

No

Touch a facility staff person's body in a
sexual way or have your body touched in
a sexual way?

1

2

Give or receive a handjob from a facility
staff person?

1

2

Have oral sex (blowjob) with a facility
staff person?

1

2

Have vaginal sex with a facility staff
person?

1

2

Have anal sex with a facility staff person?

1

2

2

3

22. In the past 12 months, did a facility staff person
use physical force to make you do any of the
following:
Mark

“Yes” or “No” for each item.

Yes

25. In the past 12 months, when you had sex or sexual
contact with facility staff, did any single incident
ever involve more than one facility staff person?
Yes .........................................................................
No ..........................................................................

No

1
2

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Give them a handjob or receive a
handjob from them?

1

2

Have oral sex (blowjob) with them?

1

2

Have vaginal sex with them?

1

2

Mark

Have anal sex with them?

1

2

Persuaded or talked into it?

1

2

Given a bribe or blackmailed?

1

2

Given drugs or alcohol to get you drunk
or high?

1

2

Offered protection from other inmates?

1

2

Offered protection from another
correctional officer?

1

2

Trying to pay off or settle a debt that
you owed?

1

2

Threatened with harm or a weapon?

1

2

26. In the past 12 months, when you had sex or sexual
contact with facility staff, were you ever:

23. In the past 12 months, did a facility staff person
without using physical force, pressure you or make
you feel that you had to do any of the following:
Mark

“Yes” or “No” for each item.

Yes

No

“Yes” or “No” for each item.

Yes

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

Give them a handjob or receive a
handjob from them?

1

2

Have oral sex (blowjob) with them?

1

2

Physically held down or restrained?

1

2

Have vaginal sex with them?

1

2

Physically harmed or injured?

1

2

Have anal sex with them?

1

2

2

27. In the past 12 months, when you had sex or sexual
contact with facility staff, was it ever with:

24. This question is about both wanted and unwanted
sex with staff at this facility. In the past 12 months,
how many times altogether have you had any type
of wanted or unwanted sex or sexual contact with
staff at this facility?
0 times ..................
1 time ....................
2 times ..................
3–10 times ............
11 times or more ...

1



Go to SECTION C
on page 5



Continue to item 25

2
3

Mark

4
5

4

“Yes” or “No” for each item.

Yes

No

Male facility staff?

1

2

Female facility staff?

1

2

28. In the past 12 months, when you had sex or sexual
contact with facility staff, did you ever:
Mark

“Yes” or “No” for each item.

Yes

No

Receive knife or stab wounds?

1

2

Receive broken bones?

1

2

Receive anal or vaginal tearing?

1

2

Have your teeth chipped or knocked out?

1

2

Receive internal injuries?

1

2

Get knocked unconscious?

1

2

Receive bruises, a black eye, sprains,
cuts, scratches, swelling, or welts?

1

2

SECTION C
These last two questions are about your experience
with this survey.
29. How upsetting did you find it to answer questions
about your own experiences with sex and sexual
assault in this facility?
Not upsetting at all.................................................
Somewhat upsetting...............................................
Very upsetting .......................................................

1
2
3

30. How accurate are the answers you gave in this
survey?
Not very accurate...................................................
Fairly accurate .......................................................
Very accurate .........................................................

1
2
3

After you have completed the survey, please put it
in the envelope and seal it before you turn it in.

5

Thank You!

2

OMB No.:
Exp.:

XXXX-XXXX
XX/XX/XXXX

NATIONAL INMATE
SURVEY - JAILS
Conducted by the Bureau of Justice Statistics
and
Westat

NOTICE: Public reporting for this collection of information is estimated to average 15 minutes per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810
Seventh Street, NW, Washington, DC 20531. An agency may not conduct or sponsor, and a person is not required to respond
to a collection of information unless it displays a currently valid OMB control number. The OMB control number for this
project is XXXX-XXXX.

6. Are you currently being held in this facility for any
of the following:

SECTION A

Mark

Please answer the question in the space provided or
mark your answer in the box, like this . To protect
your privacy, do not put your name on this survey.
1. On what date were you admitted to this facility?
If you cannot remember the exact date, please write
down whatever you can remember, such as the year
and the month.
________ / ________ / ________
Month
Day
Year

“Yes” or “No” for each item.

Yes

No

A violent offense, such as physical or
sexual assault, rape, robbery,
manslaughter, attempted murder, or
murder?

1

2

A drug offense, such as possessing,
selling, or manufacturing drugs?

1

2

A property offense, such as burglary,
larceny, auto theft, bad checks, fraud,
forgery or grand theft?

1

2

Any other offense?

1

2

2. How old are you?
7. How long have you been in this facility?

Age: _______

Less than 1 week....................................................
At least 1 week but less than 1 month ...................
At least 1 month but less than 2 months ................
At least 2 months but less than 6 months...............
At least 6 months but less than 1 year ...................
At least 1 year but less than 5 years .......................
At least 5 years but less than 10 years ...................
10 years or more ....................................................

3. Are you of Hispanic, Latino, or Spanish origin?
Yes .........................................................................
No ..........................................................................

1
2

4. Which of these categories describes your race:
Mark

“Yes” or “No” for each item.

Yes

No

White

1

2

Black or African American

1

2

American Indian or Alaska Native

1

2

Asian

1

2

Native Hawaiian or other Pacific Islander

1

2

2
3
4
5
6
7
8

8. Before you were admitted to this facility, had you
ever spent time as an adult or juvenile in a prison,
jail, or other correctional facility?
Yes .........................................................................
No ..........................................................................

1
2

9. Which of the following best represents how you
think of yourself?

5. What is the highest level of school you have
completed?
Less than a high school graduate ...........................
High school graduate or GED ...............................
Some college .........................................................
College degree or more .........................................

1

Lesbian or gay........................................................
Straight; that is, not lesbian or gay ........................
Bisexual; that is, you are sexually attracted
to both men and women .........................................
Something else .......................................................

1
2
3
4

1

1
2

3
4

10. What sex were you assigned at birth on your
original birth certificate?
Male ........................................................................
Female ....................................................................

15. This question is about wanted or voluntary sex or
sexual contact you have had with other inmates in
this facility. In the past 12 months, did you do any
of the following:

1
2

“Yes” or “No” for each item.

Yes

No

Touch another inmate's body in a sexual
way or have your body touched in a
sexual way?

1

2

Give or receive a handjob from another
inmate at this facility?

1

2

Have oral sex (blowjob) with another
inmate at this facility?

1

2

Have anal sex with another inmate at
this facility?

1

2

Have any type of sex or sexual contact
with another inmate at this facility other
than sexual touching, handjobs, oral sex
or blowjobs, or anal sex?

1

2

Mark
11. Do you currently think of yourself as…?
Male .......................................................................
Female ...................................................................
Transgender ...........................................................
None of these .........................................................

1
2
3
4

12. Before you entered this facility, had anyone ever
physically forced, pressured, or made you feel you
had to have sex or sexual contact—that is
unwanted touching of the genitals or butt, or
vaginal, oral, or anal sex?
Yes ..................................
No ...................................

1
2

Continue to item 13
Go to item 14

These next questions ask about unwanted sex or
sexual contact you have had with other inmates in
this facility. By unwanted, we mean sex or sexual
contact that you did not want to happen.

13. Were you physically forced, pressured, or made to
feel you had to have sex or sexual contact before
you were 18 years old, after you turned 18, or
both?
Before you were 18 ...............................................
After you turned 18 ...............................................
Both .......................................................................

16. In the past 12 months, did another inmate use
physical force to make you do any of the following:

1
2

Mark

3

14. Before you entered this facility, were you
physically forced, pressured, or made to feel that
you had to have sex or sexual contact while you
were an adult or juvenile in a jail, prison, or other
correctional facility?
Yes .........................................................................
No ..........................................................................

1
2

2

“Yes” or “No” for each item.

Yes

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Give them a handjob or receive a handjob
from them?

1

2

Have oral sex (blowjob) with them?

1

2

Have anal sex with them?

1

2

Have any type of sex or sexual contact
with them other than sexual touching,
handjobs, oral sex or blowjobs, or anal
sex?

1

2

17. In the past 12 months, did another inmate, without
using physical force, pressure you or make you feel
that you had to do any of the following:
Mark

“Yes” or “No” for each item.

Yes

No

Threatened with harm or a weapon?

1

2

Physically held down or restrained?

1

2

Physically harmed or injured?

1

2

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Give them a handjob or receive a
handjob from them?

1

2

Have oral sex (blowjob) with them?

1

2

Mark

Have anal sex with them?

1

2

Receive knife or stab wounds?

1

2

Have any type of sex or sexual contact
with them other than sexual touching,
handjobs, oral sex or blowjobs, or anal
sex?

Receive broken bones?

1

2

1

2

Receive anal tearing?

1

2

Have your teeth chipped or knocked out?

1

2

Receive internal injuries?

1

2

Get knocked unconscious?

1

2

Receive bruises, a black eye, sprains,
cuts, scratches, swelling, or welts?

1

2

20. In the past 12 months, when you were physically
forced, pressured, or made to feel that you had to
have sex or sexual contact with another inmate, did
you ever:

18. In the past 12 months, how many times altogether
were you physically forced, pressured, or made to
feel like you had to have sex or sexual contact with
another inmate?
0 times ..................
1 time ....................
2 times ..................
3–10 times ............
11 times or more ...

1



Go to SECTION B
on page 3



Continue to item 19

2
3

Yes

No

SECTION B

4

These next questions ask about sex or sexual contact
you have had with staff at this facility. By staff, we
mean the employees of this facility and anybody who
works as a volunteer in this facility.

5

19. In the past 12 months, when you were physically
forced, pressured, or made to feel that you had to
have sex or sexual contact with another inmate,
were you ever:
Mark

“Yes” or “No” for each item.

“Yes” or “No” for each item.

Yes

No

Persuaded or talked into it?

1

2

Given a bribe or blackmailed?

1

2

Given drugs or alcohol to get you drunk
or high?

1

2

Offered protection from other inmates?

1

2

Trying to pay off or settle a debt that
you owed?

1

2

3

21. This question is about willing sex or sexual contact
you have had with any staff at this facility. In the
past 12 months, did you do any of the following:
Mark

“Yes” or “No” for each item.

Touch a facility staff person's body in a
sexual way or have your body touched in
a sexual way?
Give or receive a handjob from a facility
staff person?

Yes
1

1

24. This question is about both wanted and unwanted
sex with staff at this facility. In the past 12 months,
how many times altogether have you had any type
of wanted or unwanted sex or sexual contact with
staff at this facility?

No

0 times...................
1 time ....................
2 times...................
3–10 times.............
11 times or more ...

2

2

Have oral sex (blowjob) with a facility
staff person?

1

2

Have vaginal sex with a facility staff
person?

1

2

Have anal sex with a facility staff person?

1

2

“Yes” or “No” for each item.

Touch their body in a sexual way or have
your body touched in a sexual way?

Yes
1



Go to SECTION C
on page 5



Continue to item 25

2
3
4
5

25. In the past 12 months, when you had sex or sexual
contact with facility staff, did any single incident
ever involve more than one facility staff person?
Yes .........................................................................
No ..........................................................................

22. In the past 12 months, did a facility staff person
use physical force to make you do any of the
following:
Mark

1

1
2

26. In the past 12 months, when you had sex or sexual
contact with facility staff, were you ever:

No

Mark

2

“Yes” or “No” for each item.

Yes

No

Persuaded or talked into it?

1

2

2

Given a bribe or blackmailed?

1

2

1

2

Given drugs or alcohol to get you drunk
or high?

1

2

Have vaginal sex with them?

1

2

Offered protection from other inmates?

1

2

Have anal sex with them?

1

2

Offered protection from another
correctional officer?

1

2

Trying to pay off or settle a debt that
you owed?

1

2

Threatened with harm or a weapon?

1

2

Physically held down or restrained?

1

2

Physically harmed or injured?

1

2

Give them a handjob or receive a handjob
from them?

1

Have oral sex (blowjob) with them?

23. In the past 12 months, did a facility staff person
without using physical force, pressure you or make
you feel that you had to do any of the following:
Mark

“Yes” or “No” for each item.

Yes

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Give them a handjob or receive a
handjob from them?

1

2

Have oral sex (blowjob) with them?

1

2

Have vaginal sex with them?

1

2

Have anal sex with them?

1

2

4

27. In the past 12 months, when you had sex or sexual
contact with facility staff, was it ever with:
Mark

“Yes” or “No” for each item.

Yes

No

Male facility staff?

1

2

Female facility staff?

1

2

28. In the past 12 months, when you had sex or sexual
contact with facility staff, did you ever:
Mark

“Yes” or “No” for each item.

Yes

No

Receive knife or stab wounds?

1

2

Receive broken bones?

1

2

Receive anal tearing?

1

2

Have your teeth chipped or knocked out?

1

2

Receive internal injuries?

1

2

Get knocked unconscious?

1

2

Receive bruises, a black eye, sprains,
cuts, scratches, swelling, or welts?

1

2

SECTION C
These last two questions are about your experience
with this survey.
29. How upsetting did you find it to answer questions
about your own experiences with sex and sexual
assault in this facility?
Not upsetting at all.................................................
Somewhat upsetting...............................................
Very upsetting .......................................................

1
2
3

30. How accurate are the answers you gave in this
survey?
Not very accurate...................................................
Fairly accurate .......................................................
Very accurate .........................................................

1
2
3

5

After you have completed the survey, please put it
in the envelope and seal it before you turn it in.
Thank You!

1

OMB No.:
Exp.:

XXXX-XXXX
XX/XX/XXXX

NATIONAL INMATE
SURVEY - JAILS
Conducted by the Bureau of Justice Statistics
and
Westat

NOTICE: Public reporting for this collection of information is estimated to average 15 minutes per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810
Seventh Street, NW, Washington, DC 20531. An agency may not conduct or sponsor, and a person is not required to respond
to a collection of information unless it displays a currently valid OMB control number. The OMB control number for this
project is XXXX-XXXX.

6. Are you currently being held in this facility for any
of the following:

SECTION A

Mark

Please answer the question in the space provided or
mark your answer in the box, like this . To protect
your privacy, do not put your name on this survey.
1. On what date were you admitted to this facility?
If you cannot remember the exact date, please write
down whatever you can remember, such as the year
and the month.
________ / ________ / ________
Month
Day
Year

“Yes” or “No” for each item.

Yes

No

A violent offense, such as physical or
sexual assault, rape, robbery,
manslaughter, attempted murder, or
murder?

1

2

A drug offense, such as possessing,
selling, or manufacturing drugs?

1

2

A property offense, such as burglary,
larceny, auto theft, bad checks, fraud,
forgery or grand theft?

1

2

Any other offense?

1

2

2. How old are you?
7. How long have you been in this facility?

Age: _______

Less than 1 week ..................................................
At least 1 week but less than 1 month ...................
At least 1 month but less than 2 months ................
At least 2 months but less than 6 months ..............
At least 6 months but less than 1 year ...................
At least 1 year but less than 5 years ......................
At least 5 years but less than 10 years ...................
10 years or more...................................................

3. Are you of Hispanic, Latino, or Spanish origin?
Yes ......................................................................
No .......................................................................

1
2

4. Which of these categories describes your race:
Mark

“Yes” or “No” for each item.

Yes

No

White

1

2

Black or African American

1

2

American Indian or Alaska Native

1

2

Asian

1

2

Native Hawaiian or other Pacific Islander

1

2

2
3
4
5
6
7
8

8. Before you were admitted to this facility, had you
ever spent time as an adult or juvenile in a prison,
jail, or other correctional facility?
Yes ......................................................................
No........................................................................

1
2

9. Which of the following best represents how you
think about yourself?

5. What is the highest level of school you have
completed?
Less than a high school graduate ..........................
High school graduate or GED ..............................
Some college .......................................................
College degree or more ........................................

1

Lesbian or gay ......................................................
Straight; that is, not lesbian or gay .......................
Bisexual; that is, you are sexually attracted
to both men and women .......................................
Something else .....................................................

1
2
3
4

1

1
2

3
4

10. What sex were you assigned at birth on your
original birth certificate?
Male ....................................................................
Female.................................................................

15. This question is about wanted or voluntary sex or
sexual contact you have had with other inmates in
this facility. Since you arrived at this facility, did
you do any of the following:

1
2

Mark
11. Do you currently think of yourself as…?
Male ....................................................................
Female.................................................................
Transgender .........................................................
None of these.......................................................

1
2
3
4

12. Before you entered this facility, had anyone ever
physically forced, pressured, or made you feel you
had to have sex or sexual contact—that is
unwanted touching of the breasts, genitals or butt,
or vaginal, oral, or anal sex?
Yes .................................
No ..................................

1
2

Continue to item 13
Go to item 14

No

Touch another inmate's body in a sexual
way or have your body touched in a
sexual way?

1

2

Have oral sex with another inmate at
this facility?

1

2

Have vaginal sex with another inmate
at this facility?

1

2

Have anal sex with another inmate at
this facility?

1

2

Have any type of sex or sexual contact
with another inmate at this facility other
than sexual touching, oral sex, vaginal
sex, or anal sex?

1

2

16. Since you arrived at this facility, did another
inmate use physical force to make you do any of
the following:

1
2
3

Mark
14. Before you entered this facility, were you
physically forced, pressured, or made to feel that
you had to have sex or sexual contact while you
were an adult or juvenile in a jail, prison, or other
correctional facility?
Yes ......................................................................
No .......................................................................

Yes

These next questions ask about unwanted sex or
sexual contact you have had with other inmates in
this facility. By unwanted, we mean sex or sexual
contact that you did not want to happen.

13. Were you physically forced, pressured, or made to
feel you had to have sex or sexual contact before
you were 18 years old, after you turned 18, or
both?
Before you were 18..............................................
After you turned 18..............................................
Both ....................................................................

“Yes” or “No” for each item.

1
2

2

“Yes” or “No” for each item.

Yes

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Have oral sex with them?

1

2

Have vaginal sex with them?

1

2

Have anal sex with them?

1

2

Have any type of sex or sexual contact
with them other than sexual touching,
oral sex, vaginal sex, or anal sex?

1

2

17. Since you arrived at this facility, did another
inmate, without using physical force, pressure you
or make you feel that you had to do any of the
following:
Mark

“Yes” or “No” for each item.

Yes

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Have oral sex with them?

1

2

Have vaginal sex with them?

1

2

Have anal sex with them?

1

Have any type of sex or sexual contact
with them other than sexual touching,
oral sex, vaginal sex, or anal sex?

20. Since you arrived at this facility, when you were
physically forced, pressured, or made to feel that
you had to have sex or sexual contact with another
inmate, did you ever:
Mark

2

1

2

1



Go to SECTION B
on page 3



Continue to item 19

2
3

No

1

2

Receive broken bones?

1

2

Receive anal or vaginal tearing?

1

2

Have your teeth chipped or knocked out?

1

2

Receive internal injuries?

1

2

Get knocked unconscious?

1

2

Receive bruises, a black eye, sprains,
cuts, scratches, swelling, or welts?

1

2

SECTION B
These next questions ask about sex or sexual contact
you have had with staff at this facility. By staff, we
mean the employees of this facility and anybody who
works as a volunteer in this facility.

4
5

21. This question is about willing sex or sexual contact
you have had with any staff at this facility. Since
you arrived at this facility, did you do any of the
following:

19. Since you arrived at this facility, when you were
physically forced, pressured, or made to feel that
you had to have sex or sexual contact with another
inmate, were you ever:
Mark

Yes

Receive knife or stab wounds?

18. Since you arrived at this facility, how many times
altogether were you physically forced, pressured,
or made to feel like you had to have sex or sexual
contact with another inmate?
0 times ..................
1 time ...................
2 times ..................
3–10 times ............
11 times or more ...

“Yes” or “No” for each item.

“Yes” or “No” for each item.

Yes

Mark

No

Persuaded or talked into it?

1

2

Given a bribe or blackmailed?

1

2

Given drugs or alcohol to get you drunk
or high?

1

Offered protection from other inmates?

1

2

Trying to pay off or settle a debt that you
owed?

1

2

Threatened with harm or a weapon?

1

2

Physically held down or restrained?

1

2

Physically harmed or injured?

1

2

“Yes” or “No” for each item.

Yes

No

Touch a facility staff person's body in a
sexual way or have your body touched in
a sexual way?

1

2

Give or receive a handjob from a facility
staff person?

1

2

Have oral sex (blowjob) with a facility
staff person?

1

2

Have vaginal sex with a facility staff
person?

1

2

Have anal sex with a facility staff person?

1

2

2

3

22. Since you arrived at this facility, did a facility staff
person use physical force to make you do any of
the following:
Mark

“Yes” or “No” for each item.

Yes

25. Since you arrived at this facility, when you had sex
or sexual contact with facility staff, did any single
incident ever involve more than one facility staff
person?

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Give them a handjob or receive a handjob
from them?

1

2

Have oral sex (blowjob) with them?

1

2

Have vaginal sex with them?

1

2

Have anal sex with them?

1

2

Yes ......................................................................
No........................................................................

Mark

“Yes” or “No” for each item.

Yes

2

26. Since you arrived at this facility, when you had sex
or sexual contact with facility staff, were you ever:

23. Since you arrived at this facility, did a facility staff
person without using physical force, pressure you
or make you feel that you had to do any of the
following:
Mark

1

No

“Yes” or “No” for each item.

Yes

No

Persuaded or talked into it?

1

2

Given a bribe or blackmailed?

1

2

Given drugs or alcohol to get you drunk
or high?

1

2

Offered protection from other inmates?

1

2

Offered protection from another
correctional officer?

1

2

Trying to pay off or settle a debt that you
owed?

1

2

Touch their body in a sexual way or have
your body touched in a sexual way?

1

Give them a handjob or receive a handjob
from them?

1

2

Threatened with harm or a weapon?

1

2

Have oral sex (blowjob) with them?

1

2

Physically held down or restrained?

1

2

Have vaginal sex with them?

1

2

Physically harmed or injured?

1

2

Have anal sex with them?

1

2

2

27. Since you arrived at this facility, when you had sex
or sexual contact with facility staff, was it ever
with:

24. This question is about both wanted and unwanted
sex with staff at this facility. Since you arrived at
this facility, how many times altogether have you
had any type of wanted or unwanted sex or sexual
contact with staff at this facility?
0 times ..................
1 time ...................
2 times ..................
3–10 times ............
11 times or more ...

1



Go to SECTION C
on page 5



Continue to item 25

2
3

Mark

4
5

4

“Yes” or “No” for each item.

Yes

No

Male facility staff?

1

2

Female facility staff?

1

2

28. Since you arrived at this facility, when you had sex
or sexual contact with facility staff, did you ever:
Mark

“Yes” or “No” for each item.

Yes

No

Receive knife or stab wounds?

1

2

Receive broken bones?

1

2

Receive anal or vaginal tearing?

1

2

Have your teeth chipped or knocked out?

1

2

Receive internal injuries?

1

2

Get knocked unconscious?

1

2

Receive bruises, a black eye, sprains,
cuts, scratches, swelling, or welts?

1

2

SECTION C
These last two questions are about your experience
with this survey.
29. How upsetting did you find it to answer questions
about your own experiences with sex and sexual
assault in this facility?
Not upsetting at all...............................................
Somewhat upsetting .............................................
Very upsetting .....................................................

1
2
3

30. How accurate are the answers you gave in this
survey?
Not very accurate.................................................
Fairly accurate .....................................................
Very accurate ......................................................

1
2
3

After you have completed the survey, please put it
in the envelope and seal it before you turn it in.

5

Thank You!

2

OMB No.:
Exp.:

XXXX-XXXX
XX/XX/XXXX

NATIONAL INMATE
SURVEY - JAILS
Conducted by the Bureau of Justice Statistics
and
Westat

NOTICE: Public reporting for this collection of information is estimated to average 15 minutes per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810
Seventh Street, NW, Washington, DC 20531. An agency may not conduct or sponsor, and a person is not required to respond
to a collection of information unless it displays a currently valid OMB control number. The OMB control number for this
project is XXXX-XXXX.

6. Are you currently being held in this facility for any
of the following:

SECTION A

Mark

Please answer the question in the space provided or
mark your answer in the box, like this . To protect
your privacy, do not put your name on this survey.
1. On what date were you admitted to this facility?
If you cannot remember the exact date, please write
down whatever you can remember, such as the year
and the month.
________ / ________ / ________
Month
Day
Year

“Yes” or “No” for each item.

Yes

No

A violent offense, such as physical or
sexual assault, rape, robbery,
manslaughter, attempted murder, or
murder?

1

2

A drug offense, such as possessing,
selling, or manufacturing drugs?

1

2

A property offense, such as burglary,
larceny, auto theft, bad checks, fraud,
forgery or grand theft?

1

2

Any other offense?

1

2

2. How old are you?
7. How long have you been in this facility?

Age: _______

Less than 1 week ..................................................
At least 1 week but less than 1 month ...................
At least 1 month but less than 2 months ................
At least 2 months but less than 6 months ..............
At least 6 months but less than 1 year ...................
At least 1 year but less than 5 years ......................
At least 5 years but less than 10 years ...................
10 years or more...................................................

3. Are you of Hispanic, Latino, or Spanish origin?
Yes ......................................................................
No .......................................................................

1
2

4. Which of these categories describes your race:
Mark

“Yes” or “No” for each item.

Yes

No

White

1

2

Black or African American

1

2

American Indian or Alaska Native

1

2

Asian

1

2

Native Hawaiian or other Pacific Islander

1

2

2
3
4
5
6
7
8

8. Before you were admitted to this facility, had you
ever spent time as an adult or juvenile in a prison,
jail, or other correctional facility?
Yes ......................................................................
No........................................................................

1
2

9. Which of the following best represents how you
think about yourself?

5. What is the highest level of school you have
completed?
Less than a high school graduate ..........................
High school graduate or GED ..............................
Some college .......................................................
College degree or more ........................................

1

Lesbian or gay......................................................
Straight; that is, not lesbian or gay .......................
Bisexual; that is, you are sexually attracted
to both men and women .......................................
Something else .....................................................

1
2
3
4

1

1
2

3
4

10. What sex were you assigned at birth on your
original birth certificate?
Male ....................................................................
Female.................................................................

15. This question is about wanted or voluntary sex or
sexual contact you have had with other inmates in
this facility. Since you arrived at this facility, did
you do any of the following:

1
2

Mark
11. Do you currently think of yourself as…?
Male ....................................................................
Female.................................................................
Transgender .........................................................
None of these.......................................................

1
2
3
4

12. Before you entered this facility, had anyone ever
physically forced, pressured, or made you feel you
had to have sex or sexual contact—that is
unwanted touching of the genitals or butt, or
vaginal, oral, or anal sex?
Yes .................................
No ..................................

1
2

Continue to item 13
Go to item 14

No

Touch another inmate's body in a sexual
way or have your body touched in a
sexual way?

1

2

Give or receive a handjob from another
inmate at this facility?

1

2

Have oral sex (blowjob) with another
inmate at this facility?

1

2

Have anal sex with another inmate at
this facility?

1

2

Have any type of sex or sexual contact
with another inmate at this facility other
than sexual touching, handjobs, oral sex
or blowjobs, or anal sex?

1

2

16. Since you arrived at this facility, did another inmate
use physical force to make you do any of the following:

1
2

Mark

3

14. Before you entered this facility, were you
physically forced, pressured, or made to feel that
you had to have sex or sexual contact while you
were an adult or juvenile in a jail, prison, or other
correctional facility?
Yes ......................................................................
No .......................................................................

Yes

These next questions ask about unwanted sex or
sexual contact you have had with other inmates in
this facility. By unwanted, we mean sex or sexual
contact that you did not want to happen.

13. Were you physically forced, pressured, or made to
feel you had to have sex or sexual contact before
you were 18 years old, after you turned 18, or
both?
Before you were 18..............................................
After you turned 18..............................................
Both ....................................................................

“Yes” or “No” for each item.

1
2

2

“Yes” or “No” for each item.

Yes

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Give them a handjob or receive a
handjob from them?

1

2

Have oral sex (blowjob) with them?

1

2

Have anal sex with them?

1

2

Have any type of sex or sexual contact
with them other than sexual touching,
handjobs, oral sex or blowjobs, or anal
sex?

1

2

17. Since you arrived at this facility, did another inmate,
without using physical force, pressure you or make
you feel that you had to do any of the following:
Mark

“Yes” or “No” for each item.

Yes

No

Threatened with harm or a weapon?

1

2

Physically held down or restrained?

1

2

Physically harmed or injured?

1

2

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Give them a handjob or receive a
handjob from them?

1

2

Have oral sex (blowjob) with them?

1

2

Mark

Have anal sex with them?

1

2

Receive knife or stab wounds?

1

2

Have any type of sex or sexual contact
with them other than sexual touching,
handjobs, oral sex or blowjobs, or anal
sex?

Receive broken bones?

1

2

1

2

Receive anal tearing?

1

2

Have your teeth chipped or knocked out?

1

2

Receive internal injuries?

1

2

Get knocked unconscious?

1

2

Receive bruises, a black eye, sprains,
cuts, scratches, swelling, or welts?

1

2

20. Since you arrived at this facility, when you were
physically forced, pressured, or made to feel that
you had to have sex or sexual contact with another
inmate, did you ever:

18. Since you arrived at this facility, how many times
altogether were you physically forced, pressured,
or made to feel like you had to have sex or sexual
contact with another inmate?
0 times ..................
1 time ...................
2 times ..................
3–10 times ............
11 times or more ...

1



Go to SECTION B
on page 3



Continue to item 19

2
3

Yes

No

SECTION B

4

These next questions ask about sex or sexual contact
you have had with staff at this facility. By staff, we
mean the employees of this facility and anybody who
works as a volunteer in this facility.

5

19. Since you arrived at this facility, when you were
physically forced, pressured, or made to feel that
you had to have sex or sexual contact with another
inmate, were you ever:
Mark

“Yes” or “No” for each item.

“Yes” or “No” for each item.

Yes

No

Persuaded or talked into it?

1

2

Given a bribe or blackmailed?

1

2

Given drugs or alcohol to get you drunk
or high?

1

2

Offered protection from other inmates?

1

2

Trying to pay off or settle a debt that
you owed?

1

2

3

21. This question is about willing sex or sexual contact
you have had with any staff at this facility. Since
you arrived at this facility, did you do any of the
following:
Mark

“Yes” or “No” for each item.

Yes

Touch a facility staff person's body in a
sexual way or have your body touched in
a sexual way?

1

Give or receive a handjob from a facility
staff person?

1

Have oral sex (blowjob) with a facility
staff person?

1

23. Since you arrived at this facility, did a facility staff
person without using physical force, pressure you
or make you feel that you had to do any of the
following:

No

Mark

2

2

1

2

Have anal sex with a facility staff person?

1

2

Yes

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Give them a handjob or receive a
handjob from them?

1

2

Have oral sex (blowjob) with them?

1

2

Have vaginal sex with them?

1

2

Have anal sex with them?

1

2

24. This question is about both wanted and unwanted
sex with staff at this facility. Since you arrived at
this facility, how many times altogether have you
had any type of wanted or unwanted sex or sexual
contact with staff at this facility?

22. Since you arrived at this facility, did a facility staff
person use physical force to make you do any of
the following:
“Yes” or “No” for each item.

Yes

2

Have vaginal sex with a facility staff
person?

Mark

“Yes” or “No” for each item.

0 times .................
1 time ...................
2 times .................
3–10 times ...........
11 times or more ..

No

Touch their body in a sexual way or have
your body touched in a sexual way?

1

2

Give them a handjob or receive a
handjob from them?

1

2

Have oral sex (blowjob) with them?

1

2

Have vaginal sex with them?

1

2

Have anal sex with them?

1

2

1



Go to SECTION C
on page 5



Continue to item 25

2
3
4
5

25. Since you arrived at this facility, when you had sex
or sexual contact with facility staff, did any single
incident ever involve more than one facility staff
person?
Yes ......................................................................
No........................................................................

4

1
2

26. Since you arrived at this facility, when you had sex
or sexual contact with facility staff, were you ever:
Mark

“Yes” or “No” for each item.

Yes

No

Persuaded or talked into it?

1

2

Given a bribe or blackmailed?

1

2

Given drugs or alcohol to get you drunk
or high?

1

2

Offered protection from other inmates?

1

2

Offered protection from another
correctional officer?

1

SECTION C
These last two questions are about your experience
with this survey.
29. How upsetting did you find it to answer questions
about your own experiences with sex and sexual
assault in this facility?
Not upsetting at all ...............................................
Somewhat upsetting .............................................
Very upsetting ......................................................

2

Trying to pay off or settle a debt that you
owed?

1

2

Threatened with harm or a weapon?

1

2

Physically held down or restrained?

1

2

Physically harmed or injured?

1

2

“Yes” or “No” for each item.

Yes

Not very accurate .................................................
Fairly accurate .....................................................
Very accurate .......................................................

No

Male facility staff?

1

2

Female facility staff?

1

2

28. Since you arrived at this facility, when you had sex
or sexual contact with facility staff, did you ever:
Mark

“Yes” or “No” for each item.

Yes

No

Receive knife or stab wounds?

1

2

Receive broken bones?

1

2

Receive anal tearing?

1

2

Have your teeth chipped or knocked out?

1

2

Receive internal injuries?

1

2

Get knocked unconscious?

1

2

Receive bruises, a black eye, sprains,
cuts, scratches, swelling, or welts?

1

2

2
3

30. How accurate are the answers you gave in this
survey?

27. Since you arrived at this facility, when you had sex
or sexual contact with facility staff, was it ever
with:
Mark

1

5

1
2
3

After you have completed the survey, please put it
in the envelope and seal it before you turn it in.
Thank You!

6

Attachment F: Full Study PAPI Consent Form & Script

National Inmate Survey
Bureau of Justice
Statistics

Full Study

Consent to Participate in Research – PAPI

Introduction

The National Inmate Survey is a research study being done by the Bureau of Justice Statistics and Westat. You
are one of the inmates at this facility who have been randomly selected to participate. Approximately 40,000
inmates will be interviewed at several hundred facilities across the United States. Data from this study will be
used to estimate the number of inmates who are sexually assaulted in jails each year. Your participation in
this study is voluntary.

Description of the Study

This interview will take about 15 minutes. The interviewer will provide you with the questionnaire which you
will complete by yourself. The questionnaire includes detailed questions about your own experiences with
sex and sexual assault in this facility (such as the types of sexual acts and where they occurred). You will
never be asked to identify anyone by name. Once you have completed the questionnaire you will seal it in an
envelope and give it back to the interviewer. Neither the interviewer/ nor anyone at this facility will ever see
your completed questionnaire.

Possible Risks or Discomforts

Some of the questions in this interview are personal and they could make you feel uncomfortable or upset.
You can skip any questions you do not want to answer and you can stop the interview at any time. If you find
the questions upsetting for any reason, the interviewer can also provide you with instructions for contacting
a mental health counselor.

Benefits

You will not receive any direct benefits for participating in this study. However, the results of this study may
help improve the well-being of inmates in jail facilities across the United States. If you choose not to
participate, you will not lose any benefits or services that you now receive or might receive in the future.
Whether you participate or not will not affect your legal status or any decisions regarding your release from
this facility in any way.

Confidentiality

Your name will never be connected with the information you provide in this interview. We will treat
everything you say as private and confidential. That is, we will not associate any information you provide
with your personal identifiable information (PII) with anyone who is not working on the study. There is,
however, an exception to our promise of confidentiality. If you tell the interviewer that you intend to
seriously harm yourself or a specific person, the interviewer will need to inform correctional staff here or
authorities outside the facility who are responsible for protecting inmates.

FOR 16 AND 17 YEAR OLDS ONLY:

If you tell the interviewer out loud that you have been or are being abused, the interviewer or his/her
supervisors will report that information to the agency in this state that investigates abuse. Once wemake a
report, we have no control over what will be done with the information.

Further Questions

You may keep a copy of this form. If you have any questions about the project, you may write to the National
Inmate Survey at Westat, 1600 Research Blvd., RB 2146, Rockville, MD 20850. If you have questions about
your rights as a project participant, you can write to Westat's Institutional Review Board, Human Subjects
Protection at the same address.

OFFICE USE ONLY:

Study representative’s signature

Date

Interviewer Script to be Read After PAPI Consent Form
Instructions for Interviewer: YOU MUST READ THE FOLLOWING SCRIPT ALOUD TO THE INMATE AND
CONFIRM THAT HE/SHE UNDERSTANDS THE INFORMATION BEFORE CONCLUDING THE INFORMED
CONSENT PROCESS.
I want to go over the main points covered in this form to make sure everything is clear:
• This interview is voluntary. You can say yes or no. It is totally up to you. Nothing about your legal situation, such as when
you will be released or what treatment you might receive, will be changed by whether or not you participate in the
interview.
• If you start the interview and then want to quit, that’s okay.
• If you want to skip any questions, that’s okay also.
Do you understand?
IF THE INMATE ANSWERS, “NO”, I can answer any questions you have about the interview or what is contained in this
consent document.
ANSWER ANY QUESTIONS THE INMATE HAS. THEN RETURN TO THE CONSENT FORM AND RE-READ THE
“POSSIBLE RISKS OR DISCOMFORTS” AND “BENEFITS” SECTIONS. POINT TO THE TEXT ON THE INMATE’S
COPY OF THE CONSENT FORM.
Do you understand?
IF THE INMATE ANSWERS, “NO,” Thank you for coming to see me today, I appreciate your time. Those are all the
questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS FINISHED.
IF THE INMATE ANSWERS, “YES”, CONTINUE.
It is possible that some of the questions you answer may make you feel nervous or upset. If that happens and you want to take a
break or you want to talk to someone about how the questions made you feel, you can tell me you want to take a break or want to
speak with someone.
The form I just read aloud to you also talks about privacy. By private, we mean that the answers you mark on the
questionnaire, even those about being abused or harmed, will always be kept secret. No one will ever know your answers,
not even me.
IF INMATE IS 18 YEARS OLD OR OLDER, CONTINUE. OTHERWISE, SKIP TO THE “READ FOR 16 AND 17 YEAR OLDS
ONLY” SECTION.
Do you have any questions?
IF THE INMATE ANSWERS, “YES”, ANSWER INMATE’S QUESTIONS.
IF THE INMATE ANSWERS, “NO”, CONTINUE.
If you think of any questions or comments about the survey later, you can write us at the address provided. If you would like to
participate in the interview, please tell me now and we will begin.
IF INMATE GIVES CONSENT, INFORM THE INMATE THEY CAN KEEP A COPY OF THE CONSENT FORM IF
THEY WANT ONE. CONTINUE WITH THE SURVEY.
IF INMATE DOES NOT GIVE CONSENT, Thank you for coming to see me today, I appreciate your time. Those are all the
questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS FINISHED.
END OF CONSENT FOR INMATES 18 YEARS OLD OR OLDER.

READ FOR 16 AND 17 YEAR OLDS ONLY
However, if you tell me out loud that you are being abused at this facility I, or my supervisors, will report that informationto the
agency in this state that investigates abuse. Once we make a report, we have no control over what will be done with the
information.
Just so I’m absolutely sure you understand this…
If you tell me that you have been abused or harmed, will I have to report it to a government agency?
IF THE INMATE ANSWERS “NO”, POINT TO THE “FOR 16 AND 17 YEAR OLDS ONLY” SECTION ON THE
INMATE’S COPY OF THE CONSENT FORM, THEN READ THE FOLLOWING:
If you tell me out loud that you have been or are being abused, I or my supervisors will report that information to theagency
in this state that investigates abuse. Once we make a report, we have no control over what will be done with the information.
I will ask the last question again, if you tell me that you have been abused or harmed, will I have to report it to a government
agency?
IF THE INMATE ANSWERS “NO”, Thank you for coming to see me today, I appreciate your time. Those are all the
questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS FINISHED.
IF THE INMATE ANSWERS “YES”, CONTINUE.
If you answer on the paper form that you or anyone else has been abused or harmed, will I have to report it to a government agency?
IF THE INMATE ANSWERS “YES”, POINT TO THE “CONFIDENTIALITY” PARAGRAPH ON THE INMATE’S COPY
OF THE CONSENT FORM. , THEN READ THE FOLLOWING:
Your name will never be connected with the information you provide in this interview. We will treat everything you say as private
and confidential. That is, we will not associate any information you provide with your personal identifiable information (PII) with
anyone who is not working on the study. The room is set up so that no one can see the answers you select. No one on the project
or on staff here will ever know your answers. The study team will combine the responses from all inmates who take part. The
study reports will give only total and percentages, never any individual inmate’s answers. Do you have any questions?
IF THE INMATE ANSWERS, “YES”, ANSWER INMATE’S QUESTIONS.
IF THE INMATE ANSWERS, “NO”, CONTINUE.
I will ask the last question again, if you answer on the paper form that you or anyone else has been abused or harmed, will I
haveto report it to a government agency?
IF THE INMATE ANSWERS “YES”, Thank you for coming to see me today, I appreciate your time. Those are all the
questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS FINISHED.
IF THE INMATE ANSWERS “NO”, CONTINUE.
Now, if someone asked you whether you had to do the interview or whether it was voluntary, what would you say?
• Have to do it.
• I didn’t have to do it/ it is voluntary.

IF THE INMATE ANSWERS, “HAVE TO DO IT”, POINT TO THE “INTRODUCTION” PARAGRAPH ON THE CONSENT
FORM, AND TO THE LAST SENTENCE, THEN READ THE FOLLOWING:
Your participation in this study is voluntary. If you choose not to participate, you will not lose any benefits or services that you
now receive or might receive in the future. Whether you participate or not will not affect your legal status or any decisions
regarding your release from this facility in any way.
I will ask the last question again, if someone asked you whether you have to do the interview or whether it is voluntary, what
would you say?

•
•

Have to do it.
I don’t have to do it/ it was voluntary.

IF THE INMATE ANSWERS, “HAVE TO DO IT”, Thank you for coming to see me today, I appreciate your time.
Those are all the questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS FINISHED.
IF THE INMATE ANSWERS, “I DON’T HAVE TO DO IT/IT IS VOLUNTARY”, CONTINUE.
Do you have any questions?
IF THE INMATE ANSWERS, “YES”, ANSWER INMATE’S QUESTIONS.
IF THE INMATE ANSWERS, “NO”, CONTINUE.
If you think of any questions or comments about the survey later, you can write us at the address provided. If you would like to
participate in the interview, please tell me now and we will begin.
IF INMATE GIVES CONSENT, INFORM THE INMATE THEY CAN KEEP A COPY OF THE CONSENT FORM IF
THEY WANT ONE. CONTINUE WITH THE SURVEY.
IF INMATE DOES NOT GIVE CONSENT, Thank you for coming to see me today, I appreciate your time. Those are all the
questions I have for you today.
PRESS ENTER TO END INTERVIEW AND ALERT CORRECTIONAL OFFICER THAT INMATE IS FINISHED.

Attachment G: Facility Questionnaire

FORM APPROVED
OMB No.: XXXX-xxxx
EXPIRATION DATE: XX/XX/20xx

National Inmate Survey 4 in Jails
Facility Questionnaire
Updated: 03-18-2022
The National Inmate Survey (NIS) is a study designed to help Congress and the Department of Justice
understand more about sexual victimization in U.S. jails and prisons. This study is mandated by Congress
under the Prison Rape Elimination Act (PREA) of 2003. The NIS also seeks to gain valuable information
on facilities through the NIS Facility Questionnaire. The purpose of the Facility Questionnaire is to gather
administrative data about the facilities sampled for the National Inmate Survey that will allow the
Bureau of Justice Statistics to better understand facility characteristics associated with sexual
victimization in prisons.
Help is available
If you have any questions, need help completing the form, or prefer an alternate submission option,
please contact the NIS-4 Logistics Manager, Susan Cross, at 240-453-2664 or SusanCross@westat.com.

Person Completing this Questionnaire:
Name:
Title:
Email:
Telephone:
Facility Name:
Facility Address:
Facility City, State ZIP
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. Public reporting burden for this collection is estimated to average 1 hour
per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send comments
regarding this burden estimate or any aspect of this collection of information including suggestions for reducing
this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street, NW, Washington, DC 20531; and to
the Office of Management and Budget, OMB No. XXXX-xxxx, Washington, DC 20503

1

1. What are the functions of [FACILITY NAME]? Please mark Yes or No for each function.

1a. General adult population confinement
1b. Persons returned to custody (e.g., probation, parole,
and bail bond violators)
1c. Work release/prerelease
1d. Reception/diagnosis/classification
1e. Confinement of juveniles
1f. Medical treatment/hospitalization confinement
1g. Mental health/psychiatric care
1h. Alcohol treatment confinement
1i. Drug treatment confinement
1j. Boot camp
1k. Protective custody
1l. Other (specify) ___________________________

Yes

No

2. What is the rated operational bed capacity of [FACILITY NAME]? By rated operational bed
capacity, we mean the number of beds or inmates assigned by a rating official.
Rated Operational Bed Capacity: ____________

3. How many persons are currently CONFINED in this facility?
INCLUDE—
 Persons on transfer to treatment facilities but who remain under your jurisdiction.
 Persons held for other jurisdictions.
EXCLUDE—
•

Inmates on AWOL escape, or long-term transfer to other jurisdictions.
Number confined: ___________

2

4. Of all persons currently CONFINED in this facility, how many are—
For persons with more than one charge/offense, report the status associated with the most
serious charge/offense.
For convicted inmates, include probation and parole violators with no new sentence.
If none, enter a zero.
If exact numeric answers are not available, please provide estimates.

•
•
•
•

4a.
4b.
4c.
4d.
4e.

Convicted
Unconvicted but arraigned
Unconvicted and not arraigned
Unknown conviction status
TOTAL (Sum of items 4a to 4d should equal item 3)

Number of Inmates

5. Of the total number of inmates held at [FACILITY NAME], approximately how many…
• If none, enter a zero.
• If exact numeric answers are not available, please provide estimates.

5a. have been identified as currently having a serious and
persistent mental illness? Please include inmates whether or
not they are currently receiving medication for their mental
illness.
5b. have been identified as having a cognitive impairment or
intellectual disability?
5c. are currently assigned to disciplinary restrictive housing such
as administrative segregation or disciplinary segregation?
5d. are currently affiliated with a gang or Security Threat
Group?
5e. speak a language other than English as their primary
language?
5f. self-identify as LGBTQ?

Number of Inmates

6. If an inmate self-identifies as LGBTQ, is that self-identification taken into account when making
housing assignments at this facility?
1
2

Yes
No

3

7. Do inmates at [FACILITY NAME] have access to a language line that provides on-demand
language interpretation or translation services?
1
2

Yes
No

8. During the past 12 months, that is since this date last year, was this facility operating under a
court-ordered corrective action plan or consent decree?
1
2

Yes
No

For the following questions, please think about paid staff at [FACILITY NAME] who are not
contractors.
9. Regardless of the source of the funding used to cover the positions, how many Full-Time
Equivalency (FTE) positions for [county/city] jail employees does [FACILITY NAME] currently
have? Please include both uniformed and non-uniformed staff.
NUMBER OF FTEs: _________
10. Of the [Q9 FILL] FTE [county/city positions] allocated to [FACILITY NAME], how many are
currently vacant? Please do not include positions that are temporarily vacant because the staff
person is on medical leave, military leave, maternity leave, etc.
NUMBER VACANT FTE POSITIONS: ________
11. Is a hiring freeze currently in place at [FACILITY NAME]?
1
2

Yes
No

4

12. Please provide the number of male and female staff at [FACILITY NAME] who are in each job
classification below. If a staff person works in more than one job class, please include them in
the job class where they work the largest portion of their time.
• If none, enter a zero.
• If exact numeric answers are not available, please provide estimates.

12a. Administration
INCLUDE Jail administrators, assistants and other personnel
who work in an administrative capacity more than 50% of the
time, including local corrections department directors, jail
commanders, wardens, chiefs, superintendents, assistant or
deputy jail commanders
12b. Jail operations
INCLUDE Correctional officers, guards, and other staff
who spend more than 50% of their time supervising
inmates.
12c. Educational staff
INCLUDE Academic and vocational staff
12d. Technical/professional staff
INCLUDE Counselors, psychiatrists, psychologists, social
workers, dentists, medical staff, and other professional
staff.
INCLUDE Dispatchers with no inmate supervision duties
12e. Clerical, maintenance, and food service
12f. Other staff, specify: ___________________________
12g. Total

Male

Female

13. During the past 12 months, that is since this date last year, how many staff were new to their
current position at [FACILITY NAME]? That is, how many staff were either new hires to the
facility or who moved into positions they had not worked in before?
NUMBER OF STAFF IN NEW POSITIONS: ________
14. During the past 12 months, that is since this date last year, how many jail operations staff were
separated from employment at [FACILITY NAME]?
INCLUDE quits, layoffs, discharges, retirements, deaths, transfers, and other separations
NUMBER OF JAIL OPERATIONS STAFF WHO SEPARATED: ________

5

15. How many jail operations staff who are currently employed at [FACILITY NAME] have:
• If none, enter a zero.
• If exact numeric answers are not available, please provide estimates.

15a. Less than 1 year of service
15b. 1 – 2 years of service
15c. 3 – 4 years of service
15d. 5 – 9 years of service
15e. 10 or more years of service
15f. Total number of staff with custody responsibilities
[WILL DYNAMICALLY FILL AS RESPONSES ARE ENTERED
IN THE ROWS ABOVE]

Number

16. What is the total number of PREA-related training hours that entry level Correctional Officers
are required to complete? Please include both hours that must be completed after hire by the
jail facility as well as those that must be completed during the first year of employment at
[FACILITY NAME].
NUMBER OF HOURS: __________

17. When does a new Correctional Officer who begins employment at [FACILITY NAME] have to
complete all required PREA-related trainings?
1
2
3
4
5
6
7

From date of hire until cleared to work with inmates (prior to starting position)
Within first 24 hours of starting position
After first 24 hours but within first week (7 days) of starting position
After first week but within first month (30 days) of starting position
After first month but within first six months (180 days) of starting position
After first six months but with first year (365 days) of starting position
Some other timeframe; please explain: _____________________________________

6

18. Which of the following methods are used at [FACILITY NAME] to educate inmates about the
fact that sexual activity is not allowed at the facility? Please mark Yes or No for each method.
18a.
18b.
18c.
18d.
18e.
18f.
18g.
18h.

Procedure

Facility staff
Posters/signs
Brochures/flyers/pamphlets
Handbook that describes facility rules and policies
Video
Peer Educator
New Inmate Orientation
Some other way; please describe:

Yes

No

19. Is there a Sexual Assault Nurse Examiner (SANE) onsite at [FACILITY NAME] if an inmate needs
to be seen?
1
2

Yes
No

→

If there is a need for an inmate at [FACILITY NAME] to be seen by a
SANE, how does that visit happen?
_______________________________________________________
_______________________________________________________
_______________________________________________________

These last questions are about misconduct at [FACILITY NAME].
20. During the past 12 months, that is since this date last year, about how many violations of
facility rules were reported and resulted in a guilty finding? Please include less serious
violations such as use of abusive language or failure to attend class, as well as more significant
violations such as possession of contraband and physical assaults.
NUMBER OF GUILTY FINDINGS: __________
21. During what part of the day do most violations that result in a guilty finding occur in this
facility?
1

After midnight but before 6:00 AM

2

Between 6:00 AM and noon

3

After noon but before 6:00 PM

4

Between 6:00 PM and midnight

7

PREA-related Allegations and Investigations
22. During the past 12 months, that is since this date last year, how many allegations of sexual
abuse or sexual harassment were made by inmates at [FACILITY NAME]? Please only include
allegations that were made against other inmates or staff at [FACILITY NAME].
Number of Allegations: _______
23. [IF Q22 > 0] During the past 12 months, that is since this date last year, were allegations of
sexual abuse or sexual harassment at [FACILITY NAME] investigated by staff at the facility,
referred to an organization outside the facility to investigate, or both?
1
2
3

Staff at the facility investigated
Referred to an organization outside the facility
Both

24. Does [FACILITY NAME] have a policy that an inmate who makes an allegation of sexual abuse or
sexual harassment must be notified of the outcome of the investigation?
1
2

Yes
No

Impact of COVID on Facility Practices
25. During the past 12 months, that is since this date last year, how did COVID affect each of these
practices?
Practice
25a. Number of inmates
released early
25b. Amount of time
Correctional Officers spend in
the housing units
25c. Amount of inmate
movement within the facility
25d. Inmate participation in
recreational activities
25e. Inmate participation in
employment opportunities
25f. Number of visitors inside
the facility
25g. Number of volunteers
inside the facility

Increased Increased
No
Decreased Decreased
a lot
a little
change
a little
a lot

8

Thank you for providing this important information about [FACILITY NAME]!

9

Attachment H: IRB Approval

Date:

January 13, 2022

To:

Jessica Taylor, Project Director

From:

Kerry Levin, Chair Westat IRB

Subject:

Full Amendment Approval of NIS-4 JAILS, Project Number 6654
ADDENDUM
Amendment Number 3546
FWA 0005551

On Tuesday August 10, 2021, NIS-4 JAILS, Project Number 6654 was presented to the full
Board. Pursuant to 28 CFR pt. 46, the IRB reviews all studies involving research on human subjects.
To date, the project received the following full Board reviews:



Initial Approval to conduct a pre-test in four facilities and the full study (April 2019).
Conditional Approval for review of a pre-test and full implementation of the study
(November 2019).

Although it received a conditional approval (November 2019), the project did not return with
responses within six months and therefore was required to resubmit a new amendment package (see
IRB Procedures Manual, Section 8.1.3).


Conditional Approval for a pre-test of procedures for administering the ACASI and facility
surveys within jails and full implementation of the NIS-4 study (August 2021).

The project returned to the full Board in August 2021.
Action Requested: Review protocols, consent forms, distress protocol, and accompanying
materials.
Action Taken: On August 10, 2021 the full Board determined that this research met criteria for
classification as minimal risk and assigned it a Conditional Approval (For: 8; Against: 0; Abstain: 0).
On January 13, 2022, this project was approved under expedited authority (per 28 CFR 46/45 CFR
46). Per 28 CFR 46 117c/45 CFR 46 117c, a waiver of documentation of informed consent is also
approved as the research is no more than minimal risk and involves no procedures for which written
consent is normally required outside of the research context.
As the Project Director, you are responsible for the following:

-2-




cc:

You are required to submit this study for a continuing review before April 10, 2022.
IRB approval is required before any new or modified research activities are conducted or
when there is a problem involving risks to human subjects.
Upon learning of an incident, you must contact the IRB Office within 24 hours via
telephone (301-610-8828) or email (IRB@westat.com).
Institutional Review Board
Janet Ciarico

Date:

March 30, 2022

To:

Jessica Taylor, Project Director

From:

Sharon Zack, Westat IRB Administrator

Subject:

Amendment Approval of NIS-4 Jails, Project Number 6654
(Amendment ID: 3673)
FWA 00005551

As IRB Administrator of the Westat Institutional Review Board (IRB), I reviewed the materials
submitted for the following: NIS-4 Jails, Project Number 6654. The Westat IRB reviews all
studies involving research on human subjects. This project was last reviewed in January 2022.
This request is to approve a brief survey of jail administrators and national association members.
The purpose of the survey is to assess the feasibility of and considerations for fielding the survey
during or after the COVID pandemic.
The regulations (45 CFR 46) permit expedited review of minor changes in previously approved
activities. I am therefore approving the modifications under expedited authority.
•
•
•
cc:

Your continuing review was due before April 10, 2022. It was approved on 3/14/22.
Your next continuing review is due before April 10, 2023.
IRB approval is required before any new or modified research activities are conducted or
when there is a problem involving risks to human subjects.
Upon learning of an incident, you must contact the IRB Office within 24 hours via
telephone (301-610-8828) or email (IRB@westat.com).
Institutional Review Board
Janet Ciarico

Date:

July 11, 2022

To:

Jessica Taylor, Project Director

From:

Lisa Matthews, Primary Reviewer
(Prison Representative)
Amendment Approval of NIS-4 JAILS, Project Number 6654
Amendment Number 3757 & 3764
FWA 0005551

Subject:

As Primary Reviewer of the Westat Institutional Review Board (IRB), I reviewed the materials
submitted for the following: NIS-4 JAILS, Project Number 6654. The Westat IRB reviews all
studies involving research on human subjects. This project was last reviewed in April 2022.
This request for approval includes the following additions and/or changes to the previously
reviewed and approved protocol:



Revised ACASI core and alternate surveys
New 30 minute follow-up interview

Per 28 CFR 46 (45 CFR 46), this project was approved under expedited authority. Per 28 CFR 46
117c (45 CFR 46 117c), a waiver of documentation of informed consent is also approved as the
research is no more than minimal risk and involves no procedures for which written consent is
normally required outside of the research context.
As the Project Director, you are responsible for the following:



cc:

You are required to submit this study for a continuing review before April 10, 2023
IRB approval is required before any new or modified research activities are conducted or
when there is a problem involving risks to human subjects.
Upon learning of an incident, you must contact the IRB Office within 24 hours via
telephone (301-610-8828) or email (IRB@westat.com).
Institutional Review Board
Janet Ciarico

Attachment I: NIS-4 Jails – BJS Thank you Letter – Full Study

[DOJ Letterhead]
[Date]
[Name]
[Title]
[Office]
[Address]
[City, ST Zip]
Dear :
I am writing to thank you for supporting the National Inmate Survey (NIS). We are grateful for your assistance
with thestudy. The success of NIS largely depended on the active participation of you and your facility staff.
To assist the U.S. Department of Justice, Bureau of Justice Statistics (BJS) in carrying out the mandates of the Prison
RapeElimination Act of 2003 (PREA, Public Law 108-79), Westat surveyed inmates in jail facilities nationwide
about the prevalence, characteristics, circumstances, correlates, and outcomes of sexual victimization while in
facility custody. Datacollection is now complete, and we are preparing our study reports.
Within the next year, you should receive notice from BJS of the release of the study report. We recognize the
contribution thatyou have made to the study and hope that you find the report useful.
If you have any questions about NIS or PREA, please contact me at or by email at
Amy.Lauger@usdoj.gov.
Sincerely,

Amy D. Lauger
PREA Program Manager
Bureau of Justice Statistics