State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-262_2

§ 143B‑262.2. Pilot program on sexual assault.

(a)        The Department of Correction shall establish pilot programson sexual assault for inmates at three units of the State prison system. TheDepartment shall select units with greater than average levels of inmateviolence for participation in these pilot programs.

(b)        Each pilot program shall operate as follows:

(1)        The Department shall provide, as part of every inmate'sorientation, a program on sexual assault, with a goal to complete that programwithin seven days of commitment to the Department of Correction. The programshall provide inmates with at least the following information:

a.         An accurate presentation pertaining to sexual assaultviolence;

b.         Information on preventing and reducing the risk of sexualassault;

c.         Information on available counseling for victims of sexualassault; and

d.         The procedure for victims of sexual assault to requestcounseling.

(2)        The department shall provide sexual assault counseling on‑siteat the prison unit to any prisoner requesting it. Counselors shall be grantedreasonable access to Department of Correction institutions and prisoners forthe purpose of providing confidential sexual assault counseling.

(3)        Unless the Director of the Division of Prisons finds aparticular item to be unsuitable, the Department shall allow the distributionof materials on sexual assault and rape trauma syndrome developed or sponsoredby community rape crisis centers or nonprofit organizations with expertise insexual assault. Any such material provided to a correctional institution shallbe made available to inmates in places where they may make use of themprivately and without attracting undue attention, such as in the library, lawlibrary, medical clinic, recreation hall, mental health offices, andeducational lobby areas.

(4)        The Department shall post notices of the availability of anycommunity‑based rape crisis counselors who are willing to provideconfidential counseling. Communications between prisoners and rape crisiscounselors are confidential. The Department shall cooperate with community rapecrisis centers seeking to identify and provide counseling to former inmates whowere the victims of sexual assault.

(5)        The Department shall collect statistical data of all known,reported, or suspected incidents of sexual aggression or sexually motivatedviolence occurring at units participating in the pilot programs. The Departmentshall compile this data on a quarterly and annual basis.

(6)        The Department shall develop and implement employee trainingon the identification and prevention of sexual assault among inmates, incoordination with the Department's employee basic training program. Thetraining shall be provided to new employees at orientation and shall also bepart of annual employee training.

(7)        The Department shall evaluate and classify each prisonerwith respect to the probable risk of sexual assault. When feasible, incominginmates shall be handled separately until this classification is made. Theclassification shall be prominently displayed in the inmate's confidentialfile, and the Department shall consider the prisoner's classification whenmaking housing assignments.

(8)        The Department shall also rate prisoners as potential sexualassault offenders based upon (i) criminal history; (ii) incidents occurringduring confinement; and (iii) reports of incidents that the Departmentdetermines to be credible. The Department shall take the prisoners' potentialfor sexual assault into consideration when making housing assignments.

(9)        The Department shall ensure that prisoners rated vulnerableor highly vulnerable to sexual assault and prisoners rated as potentialassaulters are not housed in the same cell or room holding four or fewerinmates or placed in the showers at the same time to the extent that it ispracticable. Any exceptions to this policy shall be reported to the Secretarywithin three days. (1997‑288,ss. 1, 2.)