---
kind: "section"
citation: "28 C.F.R. § 115.141"
title: "28"
number: "115.141"
heading: "Screening for risk of victimization and abusiveness."
url: "https://uscodex.org/cfr/28/115.141"
---

# §115.141. Screening for risk of victimization and abusiveness.

- (a) In lockups that are not utilized to house detainees overnight, before placing any detainees together in a holding cell, staff shall consider whether, based on the information before them, a detainee may be at a high risk of being sexually abused and, when appropriate, shall take necessary steps to mitigate any such danger to the detainee.
- (b) In lockups that are utilized to house detainees overnight, all detainees shall be screened to assess their risk of being sexually abused by other detainees or sexually abusive toward other detainees.
- (c) In lockups described in [paragraph (b)](#b) of this section, staff shall ask the detainee about his or her own perception of vulnerability.
- (d) The screening process in the lockups described in [paragraph (b)](#b) of this section shall also consider, to the extent that the information is available, the following criteria to screen detainees for risk of sexual victimization:
  - (1) Whether the detainee has a mental, physical, or developmental disability;
  - (2) The age of the detainee;
  - (3) The physical build and appearance of the detainee;
  - (4) Whether the detainee has previously been incarcerated; and
  - (5) **The nature of the detainee's alleged offense and criminal history.**

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 15601-15609.

### Source

Source: AG Order No. 3331-2012, 77 FR 37197, June 20, 2012, unless otherwise noted.