---
kind: "section"
citation: "6 C.F.R. § 115.68"
title: "6"
number: "115.68"
heading: "Post-allegation protective custody."
url: "https://uscodex.org/cfr/6/115.68"
---

# §115.68. Post-allegation protective custody.

- (a) The facility shall take care to place detainee victims of sexual abuse in a supportive environment that represents the least restrictive housing option possible (e.g., protective custody), subject to the requirements of [§ 115.43](/cfr/6/115.43.md).
- (b) Detainee victims shall not be held for longer than five days in any type of administrative segregation, except in highly unusual circumstances or at the request of the detainee.
- (c) A detainee victim who is in protective custody after having been subjected to sexual abuse shall not be returned to the general population until completion of a proper re-assessment, taking into consideration any increased vulnerability of the detainee as a result of the sexual abuse.
- (d) Facilities shall notify the appropriate ICE Field Office Director whenever a detainee victim has been held in administrative segregation for 72 hours.
- (e) Upon receiving notification that a detainee victim has been held in administrative segregation, the ICE Field Office Director shall review the placement and consider:
  - (1) Whether the placement is only as a last resort and when no other viable housing options exist; and
  - (2) In cases where the detainee has been held in administrative segregation for longer than 5 days, whether the placement is justified by highly unusual circumstances or at the detainee's request.

## Notes

### Authority

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223, 1224, 1225, 1226, 1227, 1228, 1231, 1251, 1253, 1255, 1330, 1362; 18 U.S.C. 4002, 4013(c)(4); Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 101, et seq. ); 8 CFR part 2.

### Source

Source: 79 FR 13165, Mar. 7, 2014, unless otherwise noted.