If an administrative or criminal investigation determines that the allegation is unfounded, what happens to monitoring of the victim and assailant?

If an administrative or criminal investigation determines that the allegation is unfounded, what happens to monitoring of the victim and assailant?

• A. Monitoring shall cease
• B. Monitoring continues for 90 days
• C. Monitoring becomes permanent
• D. Monitoring is extended for 120 days

Answer: (A)

Monitoring is a safety measure tied to the status of the investigation. If the investigation determines the allegation is unfounded, there isn’t a continued basis for monitoring the victim or the alleged offender, so the monitoring ends. Keeping monitoring active for a set period or permanently would imply ongoing risk or restrictions without evidence to support it, which PREA standards do not require when an accusation is found to be unfounded. Therefore, monitoring shall cease.

Monitoring is a safety measure tied to the status of the investigation. If the investigation determines the allegation is unfounded, there isn’t a continued basis for monitoring the victim or the alleged offender, so the monitoring ends. Keeping monitoring active for a set period or permanently would imply ongoing risk or restrictions without evidence to support it, which PREA standards do not require when an accusation is found to be unfounded. Therefore, monitoring shall cease.