General Definitions 115.5

Question 1

Means the unit of a State, Local, corporate, of nonprofit authority, or of the Department of Justice, with direct responsibility for the operation of any facility that confines inmates, detainees, or residents, including the implementation of policy as set by the governing, corporate, or nonprofit authority.

Answer 1

Agency

Question 2

Means the principal official of an agency

Answer 2

Agency Head

Question 3

Means a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community correctional facility (including residential re-entry center), other than a juvenile facility, in which individuals reside as part of a term of imprisonment or as a condition of pre-trial release or post-release supervision, while participating in gainful employment, employment search efforts, community service, vocational training, treatment, educational programs, or similar facility-approved programs during nonresidential hours.

Answer 3

Community Confinement Facility

Question 4

Means a person who provides services on a recurring basis pursuant to a contractual agreement with the agency

Answer 4

Contractor

Question 5

Means any person detained in a lock-up, regardless of adjudication status.

Answer 5

Detainee

Question 6

Means that security staff are in the same room with, and within reasonable hearing distance of, the resident or inmate.

Answer 6

Direct staff supervision

Question 7

means a person who works directly for the agency or facility.

Answer 7

Employee

Question 8

Means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility.

Answer 8

Exigent Circumstances

Question 9

Means a place, institution, building (or part thereof), set of buildings, structure, or area (whether or not enclosing a building or set of buildings) that is used by an agency for the confinement of individuals.

Answer 9

Facility

Question 10

means the principal official of a facility.

Answer 10

Facility Head

Question 11

means compliance with all material requirements of each standard except for de minimis violations, or discrete and temporary violations during otherwise sustained periods of compliance.

Answer 11

Full Compliance

Question 12

means a person whose appearance or manner does not conform to traditional societal gender expectations.

Answer 12

Gender nonconforming

Question 13

means any person incarcerated or detained in a prison or jail

Answer 13

Inmate

Question 14

means a person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male female. Intersex medical conditions are sometimes referred to as disorders of sex development.

Answer 14

Intersex

Question 15

means a confinement facility of a Federal, State, or local law enforcement agency whose primary use is to hold persons pending adjudication of criminal charges, persons committed to confinement after adjudication of criminal charges for sentences of one year or less, or persons adjudicated guilty who are awaiting transfer to a correctional facility.

Answer 15

Jail

Question 16

means any person under the age of 18, unless under adult court supervisor and confined or detained in a prison or jail.

Answer 16

Juvenile

Question 17

means a facility primarily used for the confinement of juveniles pursuant to the juvenile justice system or criminal justice system.

Answer 17

Juvenile facility

Question 18

means employees responsible for the supervision and control of detainees in lockup.

Answer 18

Law enforcement staff

Question 19

means a facility that contains holding cells, cell blocks, or other secure enclosures that are:

(1) Under the control of a law enforcement, court, or custodial officer; and
(2) Primarily used for the temporary confinement of individuals who have recently been arrested, detained, or are being transferred to or from a court, jail, prison, or other agency.

Answer 19

Lockup

Question 20

Means a health professional who, by virtue of education, credentials, and experience, is permitted by by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified mental health practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

Answer 20

Medical Practitioner

Question 21

Means a mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified mental health practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

Answer 21

Mental Health practitioner

Question 22

Means a running of the hands over the clothed body of an inmate, detainee, or resident by an employee to determine whether the individual possesses contraband.

Answer 22

Pat-down search

Question 23

means an institution under federal or State jurisdiction whose primary use is for the confinement of individuals convicted of a serious crime, usually in excess of one year in length, or a felony.

Answer 23

prison

Question 24

means any person confined or detained in a juvenile facility or in a community confinement facility.

Answer 24

Resident

Question 25

means a juvenile facility in which the movements and activities of individual residents may be restricted or subject to control through the use of physical barriers or intensive staff supervision. A facility that allows residents access to the community to achieve treatment or correctional objectives, such as through educational or employment programs, typically will not be considered to be a secure juvenile facility.

Answer 25

Secure juvenile facility

Question 26

Means employees primarily responsible for the supervision and control of inmates, detainees, or residents in housing units, recreational areas, dining areas, and other program areas of the facility.

Answer 26

Security staff

Question 27

means employee

Answer 27

Staff

Question 28

means a search that requires a person to remove or arrange some or all clothing so as to permit a visual inspection of the person’s breasts, buttocks, or genitalia.

Answer 28

Strip search

Question 29

means a person whose gender identity (i.e., internal sense of feeling male or female) in different from the person’s assigned sex at birth.

Answer 29

Transgender

Question 30

means an allegation that was investigated and determined to have occurred.

Answer 30

Substantiated allegation

Question 31

means an allegation that was investigated and determined not to have occurred.

Answer 31

Unfounded allegation

Question 32

means an allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether or not the event occurred.

Answer 32

Unsubstantiated allegation

Question 33

means an individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency.

Answer 33

Volunteer

Question 34

means any person under the age of 18 who is under adult court supervision and incarcerated or detained in a prison or jail.

Answer 34

Youthful inmate

Question 35

means any person under the age of 18 who is under adult court supervision and detained in a lockup.

Answer 35

Youthful detainee

Question 36

Sexual abuse includes

Answer 36

(1) sexual abuse of an inmate, detainee, or resident; and

(2) Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer.

Question 37

Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:

Answer 37

(1) contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
(2) contact between the month and the penis, vulva, or anus;
(3) penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
(4) Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.