Page:United States Statutes at Large Volume 117.djvu/1002

 PUBLIC LAW 108–79—SEPT. 4, 2003

117 STAT. 983

(iii) recommended protocols for preserving evidence and treating victims of prison rape; and (iv) a summary of the materials relied on by the Commission in the preparation of the report. (e) RECOMMENDATIONS.— (1) IN GENERAL.—In conjunction with the report submitted under subsection (d)(3), the Commission shall provide the Attorney General and the Secretary of Health and Human Services with recommended national standards for enhancing the detection, prevention, reduction, and punishment of prison rape. (2) MATTERS INCLUDED.—The information provided under paragraph (1) shall include recommended national standards relating to— (A) the classification and assignment of prisoners, using proven standardized instruments and protocols, in a manner that limits the occurrence of prison rape; (B) the investigation and resolution of rape complaints by responsible prison authorities, local and State police, and Federal and State prosecution authorities; (C) the preservation of physical and testimonial evidence for use in an investigation of the circumstances relating to the rape; (D) acute-term trauma care for rape victims, including standards relating to— (i) the manner and extent of physical examination and treatment to be provided to any rape victim; and (ii) the manner and extent of any psychological examination, psychiatric care, medication, and mental health counseling to be provided to any rape victim; (E) referrals for long-term continuity of care for rape victims; (F) educational and medical testing measures for reducing the incidence of HIV transmission due to prison rape; (G) post-rape prophylactic medical measures for reducing the incidence of transmission of sexual diseases; (H) the training of correctional staff sufficient to ensure that they understand and appreciate the significance of prison rape and the necessity of its eradication; (I) the timely and comprehensive investigation of staff sexual misconduct involving rape or other sexual assault on inmates; (J) ensuring the confidentiality of prison rape complaints and protecting inmates who make complaints of prison rape; (K) creating a system for reporting incidents of prison rape that will ensure the confidentiality of prison rape complaints, protect inmates who make prison rape complaints from retaliation, and assure the impartial resolution of prison rape complaints; (L) data collection and reporting of— (i) prison rape; (ii) prison staff sexual misconduct; and (iii) the resolution of prison rape complaints by prison officials and Federal, State, and local investigation and prosecution authorities; and

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