(1) The division of youth services created in section 19-2-203 shall develop, with respect to sexual assaults that occur in juvenile facilities, policies and procedures to:
Require disciplinary action for employees who fail to report incidences of sexualassault to the inspector general;
Require the inspector general, after completing an investigation for sexual assault, tosubmit the findings to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred;
Prohibit retaliation and disincentives for reporting sexual assaults;
Provide, in situations in which there is reason to believe that a sexual assault hasoccurred, reasonable and appropriate measures to ensure victim safety by separating the victim from the assailant, if known;
Ensure the confidentiality of prison rape complaints and protection of juveniles whomake complaints of prison rape;
Provide acute trauma care for sexual assault victims, including treatment of injuries,HIV prophylaxis measures, and testing for sexually transmitted infections;
Provide, at intake and periodically thereafter, division-approved, easy-to-understandinformation developed by the division on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling;
Provide sexual-assault-specific training to division mental health professionals andall employees who have direct contact with juveniles regarding treatment and methods of prevention and investigation;
Provide confidential mental health counseling to victims of sexual assault;
Monitor victims of sexual assault for suicidal impulses, post-traumatic stress disorder,depression, and other mental health consequences resulting from the sexual assault; and
Require termination of an employee who engages in a sexual assault on or sexualconduct with a juvenile consistent with constitutional due process protections and state personnel system laws and rules.
Investigation of a sexual assault shall be conducted by investigators trained in theinvestigation of sex crimes. The investigation shall include, but need not be limited to, use of forensic rape kits, questioning of suspects and witnesses, and gathering and preserving relevant evidence.
The division shall annually report the data that it is required to compile and report tothe federal bureau of justice statistics as required by the federal "Prison Rape Elimination Act of 2003", Pub.L. 108-79, as amended, to the judiciary committees of the house of representatives and the senate, or any successor committees.
Source: L. 2007: Entire section added, p. 1546, § 2, effective May 31. L. 2008: (1)(e), (1)(h), and (3) amended, p. 1892, § 63, effective August 5. L. 2016: (1)(f) amended, (SB 16146), ch. 230, p. 918, § 12, effective July 1. L. 2017: IP(1) amended, (HB 17-1329), ch. 381, p. 1973, § 32, effective June 6.