6 CFR § 115.68 - Post-allegation protective custody.

---
identifier: "/us/cfr/t6/s115.68"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "6 CFR § 115.68 - Post-allegation protective custody."
title_number: 6
title_name: "Domestic Security"
section_number: "115.68"
section_name: "Post-allegation protective custody."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY"
part_number: "115"
part_name: "SEXUAL ABUSE AND ASSAULT PREVENTION STANDARDS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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, ); 8 CFR part 2."
regulatory_source: "79 FR 13165, Mar. 7, 2014, unless otherwise noted."
cfr_part: "115"
---


# 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.

(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.