Attachments for NYSC-3 Cognitive Testing

National Survey of Youth in Custody (NSYC-3) Cognitive Testing
ATTACHMENTS
Attachment 1: Public Law 108-79………………………………………………....………...Page 2
Attachment 2: Instruments and testing protocols……………..…………………………….Page 21
Attachment 3: Assent and consent materials…………………….………………………….Page 94
Attachment 4: NSYC-2 IRB approval notice…………………….……………………….Page 103
Attachment 5: Recruitment materials for non-facility interviews…...…………………….Page 108
Attachment 6: Recruitment materials for states and facilities………….………………….Page 117

117 STAT. 972

PUBLIC LAW 108-79-SEPT. 4, 2003

Public Law 108-79
108th Congress
An Act
Sept. 4, 2003
[So 1435]

Prison Rape
Elimination Act
of 2003.
45 use
15601 note.

To provide for the analysis of the incidence and effects of prison rape in Federal, State, and
local institutions and to provide information, resources,· recommendations, and funding to
protect individuals from prison rape.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION l.SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Prison Rape
Elimination Act of 2003".
(b) TABLE OF CONTENTS.-The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. National prison rape statistics, data, and research. Sec. 5.
Prison rape prevention and prosecution.
Sec. 6. Grants to protect inmates and safeguard communities. Sec.
7. National Prison Rape Reduction Commission.
Sec. 8. Adoption and effect of national standards.
Sec. 9. Requirement that accreditation organizations adopt accreditation standards. Sec. 10.
Definitions.

42 use 15601.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) 2,100,146 persons were incarcerated in the United States
at the end of 2001: 1,324,465 in Federal and State prisons and
631,240 in county and local jails. In 1999, there were more than
10,000,000 separate admissions to and discharges from prisons
and jails.
(2) Insufficient research has been conducted and insufficient
data reported on the extent of prison rape. However, experts have
conservatively estimated that at least 13 percent of the inmates in
the United States have been sexually assaulted in prison. Many
inmates have suffered repeated assaults. Under this estimate,
nearly 200,000 inmates now incarcerated have been or will be the
victims of prison rape. The total number of inmates who have
been sexually assaulted in the past 20 years likely exceeds
1,000,000.
(3) Inmates with mental illness are at increased risk of sexual
victimization. America's jails and prisons house more mentally ill
individuals than all of the Nation's psychiatric hospitals combined.
As many as 16 percent of inmates in State prisons and jails, and 7
percent of Federal inmates, suffer from mental illness.
( 4) Young first-time offenders are at increased risk of sexual
victimization. Juveniles are 5 times more likely to be sexually

PUBL I C LAW 108-79-S E P T . 4, 2003

117 STAT.
973

assaulted in adult rather than juvenile facilities -often within the first 48 hours of
incarceration.
(5) Most prison staff are not adequately trained or prepared to prevent,
report, or treat inmate sexual assaults.
(6) Prison rape often goes unreported, and inmate victims often receive
inadequate treatment for the severe physical and psychological effects of sexual
assault -if they receive treatment at all.
(7) HIV and AIDS are major public health problems within America's
correctional facilities. In 2 000, 25,088 inmates in Federal and State prisons were
known to be infected with HIV/AIDS. In 2000, HIV/AIDS accounted for more
than 6 percent of all deaths in Federal and State prisons. Infection rates for other
sexually transmitted diseases, tuberculosis , and hepa titis Band C are also far
greater for prisoners than for the American population as a whole. Prison rape
undermines the public health by contributing to the spread of these diseases, and
often giving a potential death sentence to its victims.
(8) Prison rape endangers the public safety by making brutalized inmates
more likely to commit crimes when they are released -as 600,000 inmates are
each year. '
(9) T he frequently interracial character of prison sexual assaults
significantly exacerbates interracial' tensions, both within prison and, upon
release of perpetrators and victims from prison, in the community at large.
(10) Prison rape increases the level of homicides and other violence against
inmates and staff, and the risk of insurrections and riots.
(11) Victims of prison rape suffer severe physical and psychological effects
that hinder their ability to integrate into the community and maintain stable
employment upon their release from prison. T hey are thus more likely to
become home less and/or require government assistance.
(12) Members of the public and government officials are largely unaware of
the epidemic character of prison rape and
the day-to-day horror experienced by victimized inmates.
'
(13) T he high incidence of sexua l assault within prisons involves actual and
potential violations of the United States Constitution. In Farmer v. Brennan, 511
U.S. 825 (1994), the Supreme Court ruled that deliberate indifference to the
substantial risk of sexual assault violates prisoner s' rights under the Cruel and
Unusual Punishments Clause of the Eighth Amendment. The E ighth
Amendment rights of State and local prisoners are protected through the Due
Process Clause of the Fourteenth Amendment. Pursuant to the power of
Congress under Sec tion Five of the Fourteenth Amendment, Congress may take
action to enforce those rights in States where officials have demonstrated such
indifference. States that do not take basic steps to abate prison rape by adopting
stand ards that do not generate sign ificant additional expenditures demonstrate
such indifference. Therefore, such States are not entitled to the same level of
Federal benefits as other States.
(14) T he high incidence of prison rape undermines the effectiveness and
efficiency of United States Government expenditures through grant programs
such as those dealing with health care; mental health care; disease prevention;
crime prevention, investigat ion, and prosecution; prison construction,

117 STAT.
974

PUBL I C LAW 108-79-SEPT. 4, 2003
maintenance, and operation; race relations; poverty; unemploy ment and homelessness. T he ef f ectiveness and efficiency of these
feder ally f unded grant pr ograms ar e compr omised by the failure of
State officials to adopt policies and pr ocedures that reduce the
incidence of prison rape in that the high incidence of prison rape: (A) increases the costs incur r ed by Feder al, State, and
local ju risdictions to administer their prison systems;
(B) increases the levels of violence, directed at inmates
and at staf f , within prisons;
(C) increases health care expenditures, both inside and
outside of prison systems, and reduces the ef f ectiveness of
disease prevention pr ogr ams by substantially increasing the
incidence and spr ead of HN, AIDS, tuberculosis, hepa titis
Band C, and other diseases;
(D) increases mental health care expenditur es, both
inside and outside of prison systems, by substantially
increasing the r ate of post -traumatic stress disor der,
depression, suicide, and the exacer bation of existing mental
illnesses among current and f ormer inmates;
(E) incr eases the risks of r ecidivism, civil strife, and
violent crime by individuals who have been brutalized by
prison rape; and
(F) increases the level of interracial tensions and strife
within prisons and, upon release of perpetrators and vic tims,
in the community at large.
(15) The high incidence of prison rape has a significant effect
on inter state. commer ce because it increases substantially (A) the costs incur r ed by Federal, State, and local
jurisdictions to administer their prison systems;
(B) the incidence and spread of HIV, AIDS, tuber culosis,
hepatitis Band C, and other diseas es, contributing to
increased health and medical expenditures throughout the
Nation;
(C) the rate of post-traumatic stress disor der, depres sion,
suicide, and the exacerbation of existing mental ill nesses
among current and former inmates, contributing to increased
health and medical expenditures throughout the Nation; and
(D) the risk of recidivism, civil strife, and violent crime
by individuals who have been brutalized by prison rape.
S E C. 3. PURPOSES.

42 use 15602.

T he purposes of this Act are to (1) establish a zer o -toler ance standard for the incidence of
prison rape in prisons in the United States;
(2) make the prevention of prison rape a top priority in each
prison system;
(3) develop and implement national standards f or the detec tion,
prevention, r eduction, and punishment of prison rape; ( 4) increase
the available data and inf ormation on the incidence of prison
rape, consequently improving the manage ment and administration
of cor r ectional facilities;
(5) standar dize the definitions used f or collec ting data on the
incidence of prison rape;

PUBL I C LAW 108-79-SEPT. 4, 2003

117 STAT. 975

(6) increase the accountability of prison officials who f ail to
detect, pr event, reduce, and punish prison rape;
(7) protect the Eighth Amendment rightsof Feder al, State, and
local prisoners;
(8) incr ease the efficiency and ef f ectiveness of Federal
expenditures through grant programs such as those dealing with
health car e; mental health care; disease prevention; crime prevention,
investigation, and pr os ecution; prison construction, maintenance, and
oper ation; race relations; poverty; unemploy ment; and homelessness;
and .
(9) reduce the costs that prison r ape imposes on inter state
commerce.
S E C. 4. NAT I ONAL P RISON RAPE STATISTICS, DAT A,
AND RE S E ARCH. 42 USC 15603.

ANNuAL COMPREHENSIVE STATISTICAL RE VI E W.
(1) IN GENERAL.-T he Bur eau of Justice Statistics of the
Department of Justice (in this section r efer r ed to as the "Bur eau")
shall car r y out, for each calendar year , a comprehen sive statistical
review and analysis of the incidence and effects of prison rape. T he
statistical review and analysis shall include, but not be limited to the
identification of the common char acter istics of .
(A) both victims and per petr ators of prison rape; and ( B) prisons
and prison systems with a high incidence of prison rape ...
(2) CONSIDERAT I ONS . .,.-In car r ying out par agraph ( 1), the
Bureau shall consider -·
.
(A) how rape should be defined for the purposes of the
statistical review and analysis; .
(B) how the Bureau should collect inf ormation about
staff -on-inmate sexual assault;
.
(C) how the Bureau should collect inf ormation beyond
inmate self -reports of prison rape;
.
(D) how the Bureau should adjust the data in order to
account for dif f er ences among prisons as required by subsection
(c) ( 3);
(E) the categorization of prisons as required by sub section
(c) ( 4); and
(F) whether a preliminar y study of prison rape should be
conducted to inf orm the methodology of the comprehensive
sta tistical review.
(3) SOLICI T AT I ON OF VI E WS.
-The Bureau of Justice Statis tics shall solicit views from repr esentatives of the following:
State departments of cor r ection; county and municipal jails; juvenile
correctional f acilities; former inmates; vict im advo cates; resear cher s;
and other experts in the area of sexual assault.
(4) SAMP L I NG T E CHNIQUES.
-T he review and analysis under
paragraph (1) shall be based on a random sample, or other
scientifically appropriate sample, of not less than 10 percent o f all
Feder al, State, and county prisons, and a representative sample of
municipal prisons. T he selection shall include at least one prison
from each State. T he selection of f acilities f or sampling shall be
made at the latest practicable date prior to cond ucting the surveys
and shall not be disclosed to any facility or prison system official
prior to the time period studied in the survey. Selection of a facility
for sampling during any

(a)

117 STAT.
976

Confidentiality.

PUBLIC LAW 108-79-SEPT. 4, 2003
year shaH not preclude its selection for sampling in any subsequent
year.
(5) SURVEYS.-In carrying out the review and analysis under
paragraph (1), the Bureau shaH, in addition to such other methods as
the Bureau considers appropriate, use surveys and other statistical
studies of current and former inmates from a sample of Federal,
State, county, and municipal prisons. The Bureau shaH ensure the
confidentiality of each survey participant.
(6) PARTICIPATION IN SURVEY.-Federal, State, or local
officials or facility administrators that receive a request from the
Bureau under subsection (a)(4) or (5) will be required to participate
in the national survey and provide access to any inmates under their
legal custody.
(b) REVIEW PANEL ON PRISON RAPE.0) ESTABLlSHMENT._To assist the Bureau in carrying out
the review and analysis under subsection (a), there is established,
within the Department of Justice, the Review Panel on Prison Rape
(in this section referred to as the "Panel").
(2) MEMBERSHIP._
(A) COMPOSITION.-The Panel shall be composed of 3
members, each of whom shaH be appointed by the Attorney
General, in consultation with the Secretary of Health and
Human Services.
(B) QUALIFICATIONS.-Members of the Panel shall be
selected from among individuals with knowledge or expertise
in matters to be studied by the Panel.
(3) PUBLIC HEARINGS.(A)IN GENERAL.--:-The duty of the Panel shaH be to carry
out, for each calendar year, public hearings concerning the
operation of the three prisons with the highest incidence of
prison rape and the two prisons with the lowest incidence of
prison rape in each category of facilities identified under
subsection (c)(4). The Panel shall hold a separate hearing
regarding the three Federal or State prisons with the highest
incidence of prison rape. The purpose of these hearings shaH be
to coHect evidence to aid in the identification of common
characteristics of both victims and perpetrators of prison rape,
and the identification of common characteristics of prisons and
prison systems with a high incidence of prison rape, and the
identification of common characteristics of prisons and prison
systems that appear to have been successful in deterring prison
rape.
(B) TESTIMONY AT HEARINGS.(i) PuBLIC OFFICIALS.-In carrying out the hearings
required under subparagraph (A), the Panel shaH request
the public testimony of Federal, State, and local officials
(and organizations that represent such officials), including
the warden or director of each prison, who bears
responsibility for the prevention, detection, and
punishment of prison rape at each entity, and the head of
the prison system encompassing such prison.
(ii) VICTIMS.-The Panel may request the testimony
of prison rape victims, organizations representing

PUBL I C LAW lOB -79-SEPT. 4,2003

117 STAT. 977

such victims, and other appropriate individuals and
organizations.
(C) SUBPOENAS.(i) ISSUANCE -.T he Panel may issue subpoenas for the
attendan ce of witnesses and the production of writ ten or other
matter.
(ii) ENFORCEMENT.-In the case of contumacy or refusal
to obey a subpoena, the Attorney General may in a Federal
court of appropriate jurisdiction obtain an appropriate order to
enforce the subpoena.
(c) REPORTS.(1) IN GE NE RAL-Not
.
later than June 30 of each year, Deadline. the
Attorney General shall submit a report on the activities
of the Bureau and the Review Panel, with respect to prison
rape, for the preceding calendar year to (A)Congress; and
(B) the Secretary of Health and Human Services.
(2). CONT E NTS.-T he report required under paragraph (1) shall
include (A)with respect to the effects of prison rape, statistical,
sociological, and psychological data;
(B) with respect to the incidence of prison rape (i) statistical data aggregated at the Federal, State, prison
system, and prison levels;
(ii) a listing of those institutions in the representa tive
sample, separated into each category identified under
subsection (c)(4) and ranked according to the incidence of
prison rape in each institution; and
(iii) an identification of those institutions in the
representative sample that appear to have been successful in
deterring prison rape; and
(C) a listing of any prisons in the representative sample that
did not cooperate with the survey conducted pursuant to section 4.
(3) DATA ADJUSTMENTS.-In preparing the information specified in
paragraph (2), the Attorney General shall use estab lished statistical
methods to adj ust the data as necessary to . account for differences
among institutions in the representative
sample, which are not related to the detection, prevention, reduction
and punishment of prison rape, or which are outside the control of the
State, prison, or prison system, in order to provide an accurate
comparison among prisons. Such dif ferences may include the mission,
security level, size, and juris diction under which the prison operates.
For each such adjust ment made, the Attorney General shall identif y
and explain such adjustment in the report.
(4) CAT E GORI Z AT I ON OF PRISONS.
-The report shall divide
the prisons surveyed into three categories. One category shall be
composed of all Federal and State prisons. The other two categories
shall be defined by the Attorney General in order to compare simil ar
institutions.
(d) CONT RACTS AND GRANTS.-In carrying out its duties under
this section, the Attorney General may (1) provide grants for research through the National Institute of
Justice; and
(2) contract with or provide grants to any other entitythe Attorney
General deems appropriate.

117 STAT.
978

PUBLIC LAW 108-79-SEPT. 4, 2003
(e) AUTHORIZATION OF APPROPRIATIONS.-There are
authorized to be appropriated $15,000,000 for each of fiscal years 2004
through 2010 to carry out this section.

42

use 15604.

Establishment.

Deadline.

42

use 15605.

SEC. 5. PRISON RAPE PREVENTION AND
PROSECUTION. (a) INFORMATION AND
ASSISTANCE.(1) NATIONAL CLEARINGHOUSE.-There is established
within the National Institute of Corrections a national clearinghouse
for the provision of information and assistance to Federal, State, and
local authorities responsible for the prevention, investigation, and
punishment of instances of prison rape.
(2) TRAINING AND EDUCATION.-The National Institute of
Corrections shall conduct periodic training and education programs
for Federal, State, and local authorities responsible for the prevention,
investigation, and punishment of instances of prison rape.
(b) REPORTS.(1) IN GENERAL.-Not later than September 30 of each year, the
National Institute of Corrections shall submit a report to Congress and
the Secretary of Health and Human Services. This report shall be
available to the Director of the Bureau of Justice Statistics.
(2) CONTENTS.-The report required under paragraph (1) shall
summarize the activities of the Department of Justice regarding prison
rape abatement for the preceding calendar year ..
(c) AUTHORIZATION OF APPROPRIATIONS.-There are
authorized to be appropriated $5,000,000 for each of fiscal years 2004
through 2010 to carry out this section ..
SEC. 6. GRANTS TO PROTECT INMATES AND SAFEGUARD
COMMUNITIES.
(a) GRANTS AUTHORIZED.-From amounts made available for
grants under this section, the Attorney General shall make grants to States
to assist those States in ensuring that budgetary circumstances (such as
reduced State and local spending on prisons) do not compromise efforts to
protect inmates (particularly from prison rape) and to safeguard the
communities to which inmates return. The purpose of grants under this
section shall be to provide funds for personnel, training, technical
assistance, data collection, and equipment to prevent and prosecute
prisoner rape.
(b) USE OF GRANT AMOUNTS.-Amounts received by a grantee
under this section may be used by the grantee, directly or through
subgrants, only for one or more of the following activities:
(1) PROTECTING INMATES.-Protecting inmates by(A) undertaking efforts to more effectively prevent prison
rape;
(B) investigating incidents of prison rape; or
(C) prosecuting incidents of prison rape.
(2) SAFEGUARDING COMMUNITIES.-Safeguarding
communities by(A) making available, to officials of State and local
governments who are considering reductions to prison budgets,
training and technical assistance in successful methods for
moderating the growth of prison populations without
compromising public safety, including successful methods used
by other jurisdictions;

PUBL I C LAW 108-79-S E P T . 4,2003

117 ST AT . 979

(B) developing and utilizing analyses of prison popu lations and risk
assessment instruments that will improve State and local governments'
understanding of risks to the community regarding release of inmates in the
prison population;
(C) preparing maps demonstrating the concentration, on a community by-community basis, of inmates who have been released, to facilitate the
efficient and effective (i) deployment of law enforcement resources (includin g probation
and parole resources); and
(ii) delivery of services (such as job training and substance abuse treatment)
to those released inmates; (D)promoting collaborative efforts, among
officials of State and local governments and leaders of appropriat e
communities, to understand and address the effects on a community of the
presence of a disproportionate number of released inmates in that
community; or
(E) developing policies and programs that reduce spending on prisons
by effectively reducing rates of parole and probation revocation without
compromising public safety.
(c) GRANT REQUIREMENTS.(1) PERIOD.-A grant under this .section shall be made for a period of not
more than 2 years.
(2) MAXIMUM. - T he amount of a grant under this section may no t exceed
$1,000,000.
(3) MAT CHING.-The Federal share of a grant under this section may not
exceed 50 percent of the total costs of the project described in the application
submitted under subsection (d) for the fiscal year for which the grant was made
under this section.
(d) APPLICAT I ONS.
(1) IN GENERAL-To
.
request a grant under this section, the chief executive
of a State shall submit an application to the Attorney General at such time, in
such manner, and accom panied by such information as the Att orney General
may require.
(2) CONT E NTS.-E ach application required by paragraph
(1) shall.
(A)include the certification of the chief executive that
the State receiving such grant ..
(i) has adopted all national prison rape standards that, as of the date
on which the application was submitted, have been promulgated under
this Act; and
(ij) will consider adopting all national prison rape standards that are
promulgated under this Act after such date; .. (B) specify with
particularity the preventative, prosecu torial, or administrative activities to be undertaken by the State with the
amounts received under the grant; and (C) in the case of an application for a
grant for one or more activities specified in paragraph (2) of subsection (b)(1) review the extent of the budgetary cir cumstances affecting the
State generally and describe how those circumstances relate to the
State's prisons;

117 STAT. 980

Deadline.

42 use 15606.

President.

PUBLIC LAW 108-79-SEPT. 4, 2003

(ii) describe the rate of growth of the State's prison
population over the preceding 10 years and explain why
the State may have difficulty sustaining that rate of
growth; and
(iii) explain the extent to which officials (including
law enforcement officials) of State and local governments
and victims of crime will be consulted regarding decisions
whether, or how, to moderate the growth of the State's
prison population.
(e) REPORTS BY GRANTEE.(1) IN GENERAL.-The Attorney General shall require each
grantee to submit, not later than 90 days after the end of the period
for which the grant was made under this section, a report on the
activities carried out under the grant. The report shall identify and
describe those activities and shall contain an evaluation of the
effect of those activities on(A) the number of incidents of prison rape, and the
grantee's response to such incidents; and
(B)the safety of the prisons, and the safety of the
communities in which released inmates are present.
(2) DISSEMINATION.-The Attorney General shall ensure that
each report submitted under paragraph (1) is made available under
the national clearinghouse established under section 5.
(f) STATE DEFINED.-In this section, the term "State" includes the
District of Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
(g) AUTHORIZATION OF APPROPRIATIONS.(1) IN GENERAL.-There are authorized to be appropriated for
grants under this section $40,000,000 for each of fiscal years 2004
through 2010.
(2) LIMITATION.-Of amounts made available for grants
under this section, not less than 50 percent shall be available only
for activities specified in paragraph (1) of subsection (b).
SEC. 7. NATIONAL PRISON RAPE REDUCTION COMMISSION.
(a) ESTABLISHMENT.-There is established a commission to be
known as the National Prison Rape Reduction Commission (in this
section referred to as the "Commission").
(b) MEMBERS.(1) IN GENERAL.-The Commission shall be composed of 9
members, of whom(A) 3 shall be appointed by the President;
(B)2 shall be appointed by the Speaker of the House of
Representatives, unless the Speaker is of the same party as the
President, in which case 1 shall be appointed by the Speaker of
the House of Representatives and 1 shall be appointed by the
minority leader of the House of Representatives;
(C) 1 shall be appointed by the minority leader of the
House of Representatives (in addition to any appointment
made under subparagraph (B));
(D) 2 shall be appointed by the majority leader of the
Senate, unless the majority leader is of the same party as the
President, in which case 1 shall be appointed by the majority
leader of the Senate and 1 shall be appointed by the minority
leader of the Senate; and

PUBL I C L AW 108-79-S E P T . 4, 2003

117 STAT . 981

( E ) 1 member appointed by the minority leader of the Senate
(in addition to any appointment made under subparagraph (D».
(2) PERSONS ELIGIBL E
-E. ach member of the Commission shall
be an individual who has knowledge or expertise in mat ters to be
studied by the Commission.
(3) CONSUL T AT I ON RE QUIRED.
-The President, the Speaker
and minority leader of the House of Representatives, and the majority
leader and minority leader of the Senate shall consult with one another
prior to the appointment ofthe members of the Commission to achieve,
to the maximum extent possible, fair and equitable representation of
various points of view' with respect to the matters to be studied by the
Commission.
(4) T E RM.-E ach member shall be appointed for the life of the
Commission.
(5) T I ME FOR INITIAL APPOINTMENTs.
-T he appointment of Deadline.
the members shall be made not later than 60 days after the
date of enactment of this Act.
(6) VACANCIES.-A vacancy in the Commission shall be Deadline. filled in
the mann er in which the original appointment was
made, and shall be made not later than 60 days after the
date on which the vacancy occurred.
(c) OPERAT I ON.(1) CHAIRPERSON.-Not later than 15 days after appoint- Deadline. ments
of all the members are made , the Pr~sident shall appoint President. a chairperson
for the Commission from among its members.
(2) ME E T I NGS.
-T he Commission shall meet at the call
of the chairperson. T he initial meeting of the Cl;>mmission shall Deadline. take
place not later than 30 days after the initial appointment
of the members is completed.
(3) QUORUM.-A majority of the members of the Commis sion
shall constitute a quorum to conduct business, but the Commission may
establish a lesser quorum for conducting hearings schedule d by the
Commission.
(4) RULES.-T he Commission may establish by majority vote any
other rules for the conduct of Commission business, if such rules are
not inconsistent with this Act or other applicable law.
(d) COMPREHENSIVE STUDY OF THE IMPACTS OF PR
ISON RAPE .(1) IN GENERAL-T
. he Commission shall carry out a com prehensive legal and factual study of the penalogical, physical, mental,
medical, social, and economic impacts of prison rape in the United
States on(A) Federal, State, and local governments; and
(B) communities and social institutions generally, including
individuals, families, and businesses within such communities and
social institutions.
(2) MAT T E RS INCL UDE D.
-T he study under paragraph (1) shall
include (A) a review of existing Federal, State, and local government
policies and practices with respect to the prevention, detection, and
punishment of prison rape;
(B)an assessment of the relationship between prison rape and
prison conditions, and of existing monitoring, regulatory , and
enforcement practices that are intended to address any such
relationship;

117 STAT.
982

Deadline.

PUBLIC LAW 108-79-SEPT. 4,2003
(C) an assessment of pathological or social causes of
prison rape;
(D) an assessment of the extent to which the incidence of
prison rape contributes to the spread of sexually transmitted
diseases and to the transmission of HI V;
(E)an assessment of the characteristics of inmates most
likely to commit prison rape and the effectiveness of various
types of treatment or programs to reduce such likelihood;
(F) an assessment of the characteristics of inmates most
likely to be victims of prison rape and the effectiveness of
various types of treatment or programs to reduce such
likelihood;
(G) an assessment of the impacts of prison rape on
individuals, families, social institutions and the economy
generally, including an assessment of the extent to which the
incidence of prison rape contributes to recidivism and to
increased incidence of sexual assault;
(H) an examination of the feasibility and cost of conducting surveillance, undercover activities, or both, to reduce
the incidence of prison rape;
(I) an assessment of the safety and security of prison
facilities and the relationship of prison facility construction
and design to the incidence of prison rape;
(J)an assessment of the feasibility and cost of any
particular proposals for prison reform;
(K) an identification of the need for additional scientific
and social science research on the prevalence of prison rape in
Federal, State, and'local prisons;
(L) an assessment of the general relationship between
prison rape and prison violence;
(M) an assessment of the relationship between prison
rape and levels of training, supervision, and discipline of
prison staff; and
(N) an assessment of existing Federal and State systems
for reporting incidents of prison rape, including an assessment
of whether existing systems provide an adequate assurance of
confidentiality, impartiality and the absence of reprisal.
(3) REPORT.(A) DISTRIBUTION.-Not later than 2 years after the
date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this
subsection to,0) the President;
(ii) the Congress;
(iii) the Attorney General;
(iv) the Secretary of Health and Human Services; (v)
the Director of the Federal Bureau of Prisons; (vi)
the chief executive of each State; and
(vii) the head of the department of corrections of
each State.
(B) CONTENTs.-The report under subparagraph (A)
shall include(i) the findings and conclusions of the Commission; (ii)
recommended national standards for reducing prison
rape;

PUBL I C LAW 108-79-S E P T . 4, 2003

117 STAT. 983

(iii) recommended protocols for preserving evidence
and treating victims of prison r ape; and
(iv) a summary of the materials r elied on by the
Commission in the pr eparation of the report.
(e) RE COMMENDATIONS.( 1) I N GENERAL.-I n conjunction with the r eport 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, pr evention, reduction, and punishment of prison r ape.
( 2) MATTERS INCLUDED.-T he information provided
under par agr aph ( 1) shall include r ecommended national
standards relating to - (A) the classification and assignment of prisoner s, using
proven standardized instruments and protocols, in a manner
that limits the occur r ence of prison rape;
(B) the investigation and r esolution of r ape complaints
by r esponsible prison authorities, local and State police, and
Feder al and State prosecution authorities;
(C) the preservation of physical and testimonial evi dence f or use in an investigation of the ci rcumstances
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 r ape victim; and
(ii) the manner. and extent· of any psychological
examination, psychiatric car e, medication, and mental
health counseling to be provided to any r ape victim; (E)
ref er r als f or long-term continuity of car e f or r ape
victims;
(F) educational and medical testing measures for
reducing the in cidence of HIV transmission due to prison
rape;
(G) post-rape prophylactic medical measur es f or r educing the
incidence of transmission of sexual diseases; (H) the tr aining
of correctional staff sufficient to ensure that they under stand
and appr eciate the significance of prison r ape and the
necessity of its·er adication;
( 1) the timely and comprehensive investigation of staf f
sexual misconduct involving r ape or other sexual assault on
inmates;
(J)ensuring the confidentiality of prison r ape com plaints
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, pr otect inmates who make prison r ape com plaints f r om retaliation, and assur e the impartial resolution of
prison r ape complaints;
(L)data collection and reporting of.
(i) prison rape;
(ii) prison staf f sexual misconduct; and
(ill) the resolution of prison rape complaints by
prison officials and Feder al, State, and lo cal investiga tion and prosecution authorities; and

.-......./.

117 ST AT .
984

PUBL I C LAW 108-79-SEPT. 4, 2003

( M) such other matters as may r easonably be related to the detection,
prevention, reduction, and punishment
of prison rape.
( 3) L I MI T AT I ON.
-T he Commission shall not propose a r ec ommended standard that would impose substantial additional costs compar ed to the
costs pr esently expended by Federal, State, and local prison authorities.
( DCONSULTATION WITH ACCREDITATION ORGANIZAT I ONs.-I n
developing recommended national standar ds f or enhancing the detection, pr evention,
reduction, and punishment of prison rape, the Commission shall consider any standar ds
that have alr eady been developed, or ar e being developed simultaneously to
the delib er ations of the Commission. T he Commission shall consult with accr editation
organizations responsible f or the accr editation of Fed er al, State, local or private prisons,
that have developed or ar e currently developing standar ds r elated to prison r ape. T he
Commis sion will also consult with national associations representing the corr ections
profession that have developed or are currently devel oping standards related to prison
rape.
( g) HEARINGS.( 1) IN GENERAL-T
. he Commission shall hold publi c
hearings. T he Commission may hold such hearings, sit and act at such times and
places, take such testimony, and r eceive such evidence as the Commission considers
advisable to carry
out its duties under this section.
( 2) WITNESS EXPENSEs.
-Witnesses requested to appear
before the Commission shall be paid the same fees as ar e paid to witnesses under
section 1821 of title 28, United States Code. T he per diem and mileage allowances for
witnesses shall be paid from funds appropriated to the Commission.
( h) INFORMAT I ON FROM F E DE RAL OR S T AT E AGENCI E s.-The Commission
may secur e directly from any Federal department or agency such information as the
Commission considers necessar y to carr y out its duties under this section. T he
Commission may request the hea d of any State or local department or agency to furnish
such information to the Commission.
(i) PERSONNE L MAT T E RS.
( 1) T RAVE L E XP E NS E-T
s. he members of the Commission
shall be allowed travel expenses, including per diem in lieu of subsistence, at r at
es
authorized for employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of business in the
per f ormance of ser vice for the Commission.
( 2) DE T AI L OF FEDERAL E MP L OYE E-With
S.
the affirmative vote of 2/3 of
the Commission, any Feder al· Government employee, with the approval of the head
of the appropriate Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or loss of civil ser vice
status, benefits, or privileges.
( 3) PROCURE MENT OF TEMPORARY AND I N T E RMI T T E NT S E RV
I CE s.Upon the r equest of the Commission, the Attorney Gen eral shall provide reasonable
and appropriate office space, sup plies, and administr ative assist ance.
(j) CONT RACTS FOR RE S E ARCH. ( 1) NAT I ONAL INSTITUTE OF JUS T I CE
-With
. a o/s affirmative
vote, the Commission may select nongovernmental researchers and experts to assist
the Commission in car r ying out its duties

PUBLIC LAW 108-79-SEPT. 4, 2003

117 STAT. 985

under this Act. The National Institute of Justice shall contract with
the researchers and experts selected by the Commission to provide
funding in exchange for their services.
(2) OTHER ORGANIZATIONS.-Nothing in this subsection
shall be construed to limit the ability of the Commission to enter
into contracts with other entities or organizations for research
necessary to carry out the duties of the Commission under this
section.
(k) SUBPOENAS.(1) ISSUANCE.-The Commission may issue subpoenas for
the attendance of witnesses and the production of written or other
matter.
(2) ENFORCEMENT.-In the case of contumacy or refusal to
obey a subpoena, the Attorney General may in a Federal court of
appropriate jurisdiction obtain an appropriate order to enforce the
subpoena.
(3)
CONFIDENTIALITY
OF
DOCUMENTARY
EVIDENCE.-Documents provided to the Commission pursuant to
a subpoena issued under this subsection shall not be released
publicly without the affirmative vote of% of the Commission.
(l) AUTHORIZATION OF APPROPRIATIONS.-There are
authorized to be appropriated such sums as may be necessary to carry
out this section ..
(m) TERMINATION.~The Commission shall terminate on the date
that is 60 days after the date on which the Commission
submits the reports required by this section.'
.
(n)EXEMPTIoN.-The Commission shall be exempt from the
Federal Advisory Committee Act.
SEC. 8. ADOPTION AND EFFECT OF NATIONAL
STANDARDS. (a) PuBLICATION OF PROPOSED
STANDARDS.(1) FINAL RULE.-Not later than 1 year after receiving the
report specified in section 7(d)(3), the Attorney General shall
publish a final rule adopting national standards for the detection,
prevention, reduction, and punishment of prison rape.
(2) INDEPENDENT JUDGMENT.-The standards· referred to
in paragraph (1) shall be based upon the independent judgment of
the Attorney General, after giving due consideration to the
recommended national standards provided by the Commission
under section 7(e), and being informed by such data, opinions, and
proposals that the Attorney General determines to be appropriate to
consider.
(3) LIMITATION.-The Attorney General shall not establish a
national standard under this section that would impose substantial
additional costs compared to the costs presently expended by
Federal, State, and local prison authorities. The Attorney General
may, however, provide a list of improvements for consideration by
correctional facilities.
(4) TRANSMISSION TO STATES.-Within 90 days of
publishing the final rule under paragraph (1), the Attorney General
shall transmit the national standards adopted under such paragraph
to the chief executive of each State, the head of the department of
corrections of each State, and to the appropriate authorities in those
units of local government who oversee operations in one or more
prisons.
(b) APPLICABILITY TO FEDERAL BUREAU OF PRISONs.The national standards referred to in subsection (a) shall apply to the

Deadlines.
42 USC
15607.

117 STAT. 986

Deadline.

Procedures.

PUBLIC LAW 108-79-SEPT. 4, 2003

Federal Bureau of Prisons immediately upon adoption of the final rule
under subsection (a)(4).
(c) ELIGIBILITY FOR FEDERAL
FUNDS.(1) COVERED
PROGRAMS.(A) IN GENERAL.-For purposes of this subsection, a
fgrant program is covered by this subsection if, and only i
(i) the program is carried out by or under the authority
of the Attorney General; and
(ii) the program may provide amounts to States for
prison purposes.
(B) LIsT.-For each fiscal year, the Attorney General shall
prepare a list identifying each program that meets the criteria of
subparagraph (A) and provide that list to each State.
(2) ADOPTION OF NATIONAL STANDARDs.-For each
fiscal year, any amount that a State would otherwise receive for
prison purposes for that fiscal year under a grant program covered
by this subsection shall be reduced by 5 percent, unless the chief
executive of the State submits to the Attorney General(A) a certification that the State has adopted, and is in full
compliance with, the national standards described in section
8(a); or
(B) an assurance that not less than 5 percent of such
amount shall. be used only for the purpose of enabling the State
to adopt, and achieve full compliance with, those national
standards, so as to ensure that a certification under
subparagraph (A) may be submitted in future years. (3)
REPORT ON NONCOMPLIANCE.-Not later than September
30 of each year, the Attorney General shall publish a report listing
each grantee that is not in compliance with the national standards
adopted pursuant to section 8(a).
(4) COOPERATION WITH SURVEY.-For each fiscal year,
any amount that a State receives for that fiscal year under a grant
program covered by this subsection shall not be used for prison
purposes (and shall be returned to the grant program if no other
authorized use is available), unless the chief executive of the State
submits to the Attorney General a certification that neither the State,
nor any political subdivision or unit of local government within the
State, is listed in a report issued by the Attorney General pursuant to
section 4(c)(2)(C).
(5) REDISTRIBUTION OF AMOUNTS.-Amounts under a
grant program not granted by reason of a reduction under paragraph
(2), or returned by reason of the prohibition in paragraph (4), shall
be granted to one or more entities not subject to such reduction or
such prohibition, subject to the other laws governing that program.
(6) IMPLEMENTATION.-The Attorney General shall establish
procedures to implement this subsection, including procedures for
effectively applying this subsection to discretionary grant programs.
(7) EFFECTIVE DATE.(A)
REQUIREMENT
OF
ADOPTION
OF
STANDARDS.-The first grants to which paragraph (2) applies
are grants for the second fiscal year beginning after the date on
which the national standards under section 8(a) are finalized.

PUBLIC LAW 108-79-SEPT. 4, 2003

117 STAT.
987

(B
) REQUIREMENT FOR COOPERATION.-The first
grants to which paragraph (4) applies are grants for the fiscal
year beginning after the date of the enactment of this Act.
SEC. 9. REQUIREMENT THAT ACCREDITATION ORGANIZATIONS 42 use 15608.
ADOPT ACCREDITATION STANDARDS.
(a) ELIGIBILITY FOR FEDERAL GRANTS.-Notwithstanding any
other provision of law, an organization responsible for the accreditation
of Federal, State, local, or private prisons, jails, or other penal facilities
may not receive any new Federal grants during any period in which such
organization fails to meet any of the requirements of subsection (b).
(b) REQUIREMENTS.-To be eligible to receive Federal grant~, Deadlines. an
accreditation organization referred to in subsection (a) must
meet the following requirements:
(1) At all times after 90 days after the date of enactment of this
Act, the organization shall have in effect, for each facility that it is
responsible for accrediting, accreditation standards for' the
detection, prevention, reduction, and punishment of prison rape ..
(2) At all times. after 1 year after the date of the adoption of the
final rule under section 8(a)(4), the organization shall, in addition to
any other such standards that it may promulgate relevant to the
detection, prevention, reduction, and punishment of prison rape,
adopt accreditation standards consistent with the national standards
adopted pursuant to such final rule.
SEC. 10. DEFINITIONS.
42 USC 15609.
In this Act, the following definitions shall apply:
(1) CARNAL KNOWLEDGE.-The term "carnal knowledge"
means contact between the penis and the vulva or the penis and the
anus, including penetration of any sort, however slight .
.
(2) INMATE.-The term "inmate" means any person incarcerated or detained in any facility who is accused of, convicted of,
sentenced for, or adjudicated delinquent for, violations of criminal law
or the terms and conditions of parole, probation, pretrial release, or
diversionary program.
(3) JAIL.-The term "jail" means a confinement facility of a Federal,
State, or local law enforcement agency to hold(A) persons pending adjudication of crimiJ:!.al charges;

j

(B
)

persons committed to confinement after adjudication of criminal

or
charges for sentences of 1 year or less. (4) HIV.-The term "HIV"
means the human immunodeficiency virus.
(5) ORAL SODoMY.-The term "oral sodomy" means contact
between the mouth and the penis, the mouth and the· vulva, or the
mouth and the anus.
(6) POLICE LOCKUP.-The term "police lockup" means a
temporary holding facility of a Federal, State, or local law
enforcement agency to hold(A) inmates pending bail or transport to jail;
(B
) inebriates until ready for release; or
(C) juveniles pending parental custody or shelter placement.

PUBPULIC LAW 108-79-SEPT. 4, 2003
117 STAT. 988
(7) PRISON.-The term "prison" means any confinement
facilitY., of a Federal, State, or local government, whether
administered by such government or by a private organization on
behalf of such government, and includes(A
) any local jailor police lockup; and
(B
) any juvenile facility used for the custody or care of
juvenile inmates.
(8) PRISON RAPE.-The term "prison rape" includes the rape
of an inmate in the actual or constructive control of prison
officials.
(9) RAPE.-The term "rape" means(A
) the carnal knowledge, oral sodomy, sexual assault
with an object, or sexual fondling of a person, forcibly or
against that person's will;
(B
) the carnal knowledge, oral sodomy, sexual assault
with an object, or sexual fondling of a person not forcibly or
against the person's will, where the victim is incapable of
giving consent because of his or her youth or his or her
temporary or permanent mental or physical incapacity; or
(C) the carnal knowledge, oral sodomy, sexual assault
with an object, or sexual fondling of a person achieved
through the exploitation of the fear or threat of physical
violence or bodily injury.
(10) SEXUAL ASSAULT WITH AN OBJEcT.-The term
"sexual assault with an object" means the use of any hand, finger,
object, or other instrument to penetrate, however slightly, the
genital or anal opening ofthe body of another person.
(1
1
)
SEXUAL FONDLING.-The term "sexual fondling"
means the touching of the private body parts of another person
(including the genitalia, anus, groin, breast, inner thigh, or
buttocks) for the purpose of sexual gratification.
(12) EXCLUSIONs:-The terms and conditions described in
paragraphs (9) and (10) shall not apply to-.
(A
) custodial or medical personnel gathering physical
evidence, or engaged in other legitimate medical treatment, in
the course of investigating prison rape;
(B
) the use of a health care provider's hands or fingers or the use of
medical devices in the course of appropriate medical treatment
unrelated to prison rape; or

PUBLIC LAW 108-79-SEPT. 4, 2003

117 STAT. 989

(C) the use of a health care provider's hands or fingers and the use of
instruments to perform body cavity searches in order to maintain security and
safety within the prison or detention facility, provided that the search is
conducted in a manner consistent with constitutional requirements.
Approved September 4, 2003.

LEGISLATIVE HISTORY-S. 1435:
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 21, considered and passed Senate. July 25, considered and
passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Sept. 4, Presidential statement.

o

Attachment 2: Protocols and Instruments

•
•
•
•
•
•

Facility Cognitive Testing Protocol: Version 1 (Page 2-2)
Facility Cognitive Testing Protocol: Version 2 (Page 2-18)
Non-Facility Cognitive Testing Protocol (Page 2-37)
Youth Version 1 of Facility Items for Testing (Page 2-43)
Youth Version 2 of Facility Items for Testing (Page 2-54)
Youth Version of Non-Facility Items for Testing (Page 2-69)

National Survey of Youth in Custody (NSYC-3)
Cognitive Interview Guide
Version 1
Hello. My name is ( ) and I work for Westat, a research firm outside of Washington, DC. We are
working with the U.S. Department of Justice on a special study called the National Survey of Youth in
Custody. Today I would like to show you some of the questions we are considering for the study and get
your reactions to them. Let’s start by going over some details about the study.

HAND COPY OF ASSENT FORM TO R AND READ FORM ALOUD
ANSWER PARTICIPANT’S QUESTIONS, IF ANY. IF THE YOUTH UNDERSTANDS
THE ASSENT CONCEPTS, ASK FOR ASSENT.
Are you willing to participate in this study?
IF R SAYS “YES”, INTERVIEWER SIGN AND DATE THE YOUTH ASSENT FORM
AND PROVIDE A COPY FOR THE RESPONDENT. IF THE R SAYS “NO”, THANK
THEM AND END THE INTERVIEW.
Thank you.

Now I’m going to hand you the questions a few at a time. I will read them aloud while you
look at them. After I’ve finished reading the question, you can circle your answer. Later,
there will be some questions that I ask you NOT to answer, but just to look at and think
about. For those, I’ll let you know before I show them to you.
After you answer each question, we will stop to talk about it. I might ask you to tell me
what you were thinking about when you answered the question, what the question was
asking, or anything else you might think about the question. This will help us figure out
how we can improve the questions.
Sometimes, I’ll ask you about some of the words in the question. If you don't understand a
question, please tell me, because that's just the sort of thing I’m trying to find out here.
Do you have any questions before we begin?

Attachment 2: Protocols

Page 2-2

SECTION 1: Facility Living Conditions
Here is the first set of questions. Please go ahead and circle your answer to each question as
we read through them.
[AFTER R HAS ANSWERED ALL THE ITEMS IN SECTION 1, ASK PROBES]
Yes

No

FL5. The temperature usually feels ok here--it isn't too
hot or too cold. ........................................................

1

2

FL6. Room lights are turned off at night when youth are
sleeping. ..................................................................

1

2

FL7. The facility is noisy at night when youth are
sleeping. ..................................................................

1

2

FL8. I am allowed to take a shower every day... ...............

1

2

FL9. I feel like I have enough privacy here from staff
and other youth. .......................................................

1

2

F10. I am allowed to decorate where I sleep to make it
feel like I have my own personal space. ...................

1

2

F11. I am allowed to wear my hair the way I want ...........

1

2

1

2

1

2

F12. I am allowed to talk to other youth during meal
time. ........................................................................
F13. The staff here set up celebrations for holidays and
youths' birthdays......................................................

Were any of these questions confusing or not clear?
[IF YES]: Which item was that, and what was confusing about it?
[If YES to FL9]: You answered “Yes” to question #9. Can you tell me more about your
answer?
[If NO to FL9]: You answered “No” to question #9. Can you tell me more about your
answer?
[IF NEEDED]: What does it mean to have “enough privacy?”
[If YES to FL10]: You answered “Yes” to question #10. Can you tell me more about your
answer?
[If NO to FL10]: Can you tell me more about why you answered “No” to question #10?
Do you have any other comments on any of these questions?

Attachment 2: Protocols

Page 2-3

SECTION 2: Staff Treatment
Here are the next questions. Again, I’m going to read them aloud. Please circle your
answers and then we’ll talk about the questions and the answers you gave.
[AFTER R HAS ANSWERED ALL THE ITEMS IN SECTION 2, ASK PROBES]
[INTERVIEWER: MAKE NOTE OF ANY HESITATION OR SIGNS OF CONFUSION
AS RESPONDENT IS ANSWERING, AND PROBE AFTER SERIES HAS BEEN
ANSWERED]
ST1. How many staff explain facility rules clearly?
None of the staff .................................................. 1
Few of the staff .................................................... 2
Most of the staff ................................................... 3
All of the staff ...................................................... 4

ST2. How many staff use force when they don’t really need to?
None of the staff .................................................. 1
Few of the staff .................................................... 2
Most of the staff ................................................... 3
All of the staff ...................................................... 4

ST3. How many staff give fair punishments?
None of the staff .................................................. 1
Few of the staff .................................................... 2
Most of the staff ................................................... 3
All of the staff ...................................................... 4

ST4. Are staff disrespectful?
Yes
No

ST5. Do staff give youth the chance to tell their side before making decisions?
Yes
No

ST6. Do staff act honestly?
Yes
No
Attachment 2: Protocols

Page 2-4

Looking just at the first 3 questions on this page, how easy or hard was it to answer these
questions?
What made these items [easy/hard]?
[IF R HESITATED OR SHOWED ANY CONFUSION:] I noticed you seemed to hesitate with
question __. Can you tell me more about what you were thinking?
Was it hard to choose between All, Most, Few, or None of the staff?
[IF YES] Can you tell me more about what made it hard?
Now looking at the second 3 questions on this page, how easy or hard was it to answer these
questions? What made these items [easy/hard]?
Comparing the way the first 3 questions were asked to the yes/no format in the second 3
questions, which way would you prefer to answer questions about staff? (Explain.)

Any other comments on this set of questions before we move on?

Attachment 2: Protocols

Page 2-5

SECTION 3: Misconduct/Victimization
Here is the next question.
MV12. [Since coming to this facility OR In the past 12 months] Have you been written up
or charged for breaking facility rules such as talking back to staff, being out of
place, or not following directions?
Yes ....................................................................... 1
No ........................................................................ 2

[IF YES]: Can you tell me more about your answer?
[IF NO]: What do you think this question is asking about?
[ASK ALL]:
The question talks about being written up for “being out of place.” What does that mean to
you?
Can you give an example of how kids can be written up for being out of place?
Is being “written up” and being “charged” the same thing or are those different?
[If NO:] How are they different?

Attachment 2: Protocols

Page 2-6

SECTION 4: Education on PREA
Here is the next question. I’m going to read it aloud. Please circle your answer and then
we’ll talk about the question and the answer you gave.
EP1.

After you got to this facility (this time), when did you first learn that all
forms of sexual abuse and harassment are not allowed?
Within the first 24 hours after you got here (this time) .........
Between 1 and 10 days after you got here (this time)............
More than 10 days after you got here (this time) ...................
I was never told that all forms of sexual abuse and
harassment are not allowed ....................................................

1
2
3
4

Tell me about how you decided on your answers.
What do you think this question is asking?
[If R answered codes 1-3, CONTINUE with question and answer format]
[If R answered code 4] Even though you haven’t been told the rules about sexual activity at
this facility, I would still like to talk about the next few questions about this topic. Please do
not circle an answer or tell me your answer. I’m going to read this whole list and then I’ll
just ask you how you interpreted some of the items.
EP4. How were you given information about these rules?
Yes

No

b. Posters/signs ..................................................................

1

2

c. Brochure/flier/pamphlet/handout ...............................
d. Handbook....................................................................

1
1

2
2

e. Video ..........................................................................

1

2

f.

1

2

a. Facility staff

Telephone system ........................................................

[IF R answered the questions]: Tell me more your answers to these items...
[ASK ALL]:
Do any of these items seem confusing or unclear to you?
What do you think is meant by a “handbook”?
What do you think is meant by “Telephone system”?
Are there any other ways you could get information about the rules that aren’t listed here?
EP5.

Do you think youth in this facility would feel safe reporting any sexual abuse to
staff?
Yes ....................................................................... 1
No ........................................................................ 2

What do you think this question is asking?

Attachment 2: Protocols

Page 2-7

Tell me about how you decided on your answer.
SECTION 5: Grooming by Staff
These next questions will be used to get information about interactions that may happen
between youth and staff at this facility. I don’t want you to answer these questions. I just
want you to tell me what the questions might mean to someone in the facility, so please do
not circle an answer for these.
[DO NOT HAVE RESPONDENT CIRCLE ANSWERS FOR SECTION 5]

Gr3.1. Since you got here, has any staff member offered you extra privileges at the canteen
or commissary including food, personal items, clothing, or other items?
Yes ....................................................................... 1
No ........................................................................ 2

What types of situations do you think this question is asking about?
What is meant by “canteen or commissary”? What is this called in this facility (where you
can buy items)?
Can you give me an example of a situation where someone might say yes to this?
GR7. Since you got here, has any staff member ever spent time alone with you and asked
you not to tell anyone?
Yes ....................................................................... 1
No ........................................................................ 2

What types of situations do you think this question is asking about?
(IF NEEDED) When you read “has any staff member ever spent time alone with you”,
what did that make you think of?
(IF NEEDED) Can you give me an example of a time when staff are alone with youth?

GR8. Since you got here, has any staff member ever shared that they felt emotionally close
to you or that they had special feelings for you?
Yes ....................................................................... 1
No ........................................................................ 2

What do you think this question is asking about?
(IF NEEDED) The question talks about staff feeling “emotionally close” or having “special
feelings” for you. Do they mean the same thing or are they something different?

Attachment 2: Protocols

Page 2-8

GR9. Since you got here, has any staff member talked to you about sex in a way that was
not part of their regular job duties, joked with you about sex, or shared sexual
stories with you?
Yes ....................................................................... 1
No ........................................................................ 2

Can you give me an example of a situation where someone might answer yes to this
question? Please do not share any names.

Any other comments on this set of questions before we move on?

Attachment 2: Protocols

Page 2-9

SECTION 6: Mental Health
These next questions will be used to get information about the mental health of youth in
this facility. Please go ahead and circle your answers as I read the questions.
MH1. In the past 30 days, how often did you have each of the following experiences:
All
Most Some A little None
of the of the of the of the of the
time time time time time
a.
b.
c.
d.

How often did you feel nervous? ..................
How often did you feel hopeless? ................
How often did you feel restless or fidgety? ..
How often did you feel so depressed that
nothing could cheer you up? .........................
e. How often did you feel that everything
was an effort? ...............................................
f. How often did you feel worthless? ................

1
1
1

2
2
2

3
3
3

4
4
4

5
5
5

1

2

3

4

5

1
1

2
2

3
3

4
4

5
5

(IF ANY CODES 1-4 IN A-F, ASK ITEM G AND HAVE RESPONDENT CIRCLE AN
ANSWER)
(IF “NONE OF THE TIME” TO ALL ITEMS A-F): For this next question, let’s assume
that a youth answers that they were feeling some of these ways some of the time in
the past 30 days. Here is the next question they would be asked.

g. We just reviewed a number of negative feelings
and experiences during the past 30 days. Taking
them altogether, did these feelings occur more
often in the past 30 days than is usual for you, less
often than usual, or about the same as usual? ............

More
often

Less
often

1

2

About Never
the
had
same
any

3

/

4

What do you think this last question is asking about?
[IF RESPONDENT ANSWERED QUESTION] How did you decide on your answer to this
question?
[IF RESPONDENT ANSWERED QUESTION] How easy or difficult was it for you to
answer?

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Please go ahead and circle your answers as I read these next questions.
MH2. During your first years at school—say between the ages of kindergarten and second
grade—was there ever a period lasting six months or longer when you:
a. Lost interest very quickly in games or work
Yes ....................................................................... 1
No ........................................................................ 2
b. Had trouble finishing what you started without being distracted
Yes ....................................................................... 1
No ........................................................................ 2
c. Were not listening when people spoke to you.
Yes ....................................................................... 1
No ........................................................................ 2

How easy or difficult was it for you to answer these questions? How easy is it to remember
what things were like when you were that age?
How did you decide on your answers to these questions?
(IF YES TO ANY) Did this last for 6 months or longer?
Please go ahead and circle your answers as I read these next questions.
MH4. Did you ever have a period lasting six months or longer when you often did things
that got you in trouble with adults such as:
YES
a.
b.
c.
d.
e.

losing your temper, arguing? ................................................................ 1
talking back to adults............................................................................ 1
refusing to do what your teachers or parents asked you to do ............. 1
annoying people on purpose ................................................................ 1
being grouchy or irritable .................................................................... 1

NO
2
2
2
2
2

How easy or difficult was it for you to answer these questions?
What time in your life were you thinking about when you answered these?
How did you decide on your answers to these questions?
(IF YES TO ANY) Did this last for 6 months or longer?
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(IF YES TO ANY) Did you actually get into trouble with adults when you did this?
Please go ahead and circle your answers as I read these next questions.
MH22.Before you came to this facility, did a professional ever tell you have..
YES
a.
b.
c.
d.

Depression? ................................................................................................. 1
Post-traumatic stress disorder or PTSD? .................................................... 1
Another anxiety disorder, such panic disorder, obsessive
compulsive disorder (OCD), or social anxiety? ................................... 1
A mental or emotional condition other than those listed above? ................ 1

NO
2
2
2
2

This set of questions asks about whether “a professional” ever told you any of the
following. What do you think is meant by “a professional”?
What do you think item b is asking about?
What do you think item c is asking about?
What would make someone say yes to item d?

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SECTION 7: Youth Incident Details
These next questions will be used to get more information about sexual contact that
happened between youth at this facility. Again, I do not want to know about your own
experiences. I just want you to tell me what the questions might mean to someone in the
facility, so please do not circle an answer for these.
[DO NOT HAVE RESPONDENT CIRCLE ANSWERS FOR SECTION 6]
5. Where was the other youth living at the time?
In the same room as you ................................................................ 1
In the same housing area as you, but not in the same room ........... 2
In a different housing area than you .............................................. 3

How easy or hard would it be to answer this question? What does the term “housing area”
mean in this question?

6. How well did you know the other youth at the time?
By sight only ..................................................................... 1
A casual acquaintance ....................................................... 2
Well known ....................................................................... 3

How easy or hard would it be to answer this question?
This question asks about “a casual acquaintance” – what do you think that means?
13.

In the days after this happened, how did you feel about what happened? (NEW)
Extremely upset...................................
Quite upset..........................................
A little upset.........................................
Not upset at all.....................................
Glad it happened .................................

1
2
3
4
5

How easy or hard would it be to answer this question?
In your mind, what’s the difference between being “quite upset” about something and “a
little upset”? What about the difference between “extremely upset” and “quite upset”?

For this next set of questions, I’d like you to imagine that you had answered that you were
upset about the sexual contact that had happened with another youth in this facility. Again,
do not actually answer the questions, just tell me your reactions to them.

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14.
(IF Q13=1, 2 or 3) Did you feel any of the following ways after this happened?
(NEW)
YES
a.
b.
c.
d.
e.
f.
g.

Worried or anxious? .............................................................................. 1
Angry? ................................................................................................. 1
Sad or depressed? ................................................................................. 1
Vulnerable? .......................................................................................... 1
Violated? .............................................................................................. 1
Like you couldn’t trust people? ........................................................... 1
Fearful? ................................................................................................ 1

NO
2
2
2
2
2
2
2

Do you have any overall comments on these questions first?
Are any of these categories unfamiliar to you or unclear?
[If YES]: Which one is that?
Looking at item d, what does the word “vulnerable” mean?
Looking at item e, What about the word “violated?”
For this next set of questions, I’d like you to imagine that you had answered that you were
not upset or that you were actually glad about the sexual contact that had happened with
another youth in this facility. Again, do not actually answer the questions, just tell me your
reactions to them.
15.

(IF Q13=4 or 5) Did you feel any of the following ways after this happened? (NEW)
YES

a.
b.
c.
d.
e.
f.

Like the other youth really cared about you .......................................... 1
Like you really cared about the other youth ......................................... 1
Like you had gotten what you wanted .................................................. 1
Like you would get something from the other youth in return ............. 1
Like you were in control ....................................................................... 1
Like you wanted it to happen again ...................................................... 1

NO

2
2
2
2
2
2

Do you have any overall comments on these questions first?
Looking at item c, can you think of an example where someone might say yes to this,
meaning they felt like they had “gotten what they wanted”?
Looking at item d, what do you think this one is asking about?
Looking at item e, what do you think this one is asking about? (Interviewer: Listen for
comments about being in control of oneself vs. controlling the other person)

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Let’s keep thinking about what these next questions might mean to someone in the facility.
Again, please do not circle an answer for these.
16.

Have your feelings changed since the incident happened? (NEW)
Yes ....................................................................... 1
No ........................................................................ 2

How easy or difficult do you think it might be for someone to answer this question?
(Explain.)
For this next question, please imagine that someone said their feelings had changed since
the incident happened. Again, do not circle an answer to this question – we will just talk
about it.
17.

(IF Q16=1) Thinking about it now, how do you feel about what happened? (NEW)
Extremely upset...................................
Quite upset..........................................
A little upset.........................................
Not upset at all.....................................
Glad it happened .................................

1
2
3
4
5

How easy or difficult do you think it might be for someone to answer this question?
(Explain.)
Any other comments on this set of questions before we move on?

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SECTION 8: Disability Questions (IF TIME PERMITS)
Now I’d like to shift gears and show you some other questions being considered for this
survey. For these, I don’t want you to actually answer the questions. Instead, I will read
each question aloud while you look at them and then we’ll talk about them.
[ASK EACH QUESTION THEN ADMINISTER PROBES BEFORE MOVING ON]
DI1. Because of a physical, mental or emotional problem, do you have serious difficulty
concentrating, remembering, or making decisions?
Yes ....................................................................... 1
No ........................................................................ 2

What do you think this question is asking about?
What type of condition might make someone say yes to this question?
For the next 2 questions, imagine someone had said yes to the question we just talked about
– “Because of a physical, mental, or emotional problem, do you have serious difficulty
concentrating, remembering, or making decisions?” The follow-up questions are:
DI2.

Is the difficulty you experience because of a physical problem?
Yes ....................................................................... 1
No ........................................................................ 2

What types of physical problems do you think this might be asking about?
DI3.

Is the difficulty you experience because of a mental or emotional problem?
Yes ....................................................................... 1
No ........................................................................ 2

What types of mental or emotional problems do you think this might be asking about?
SECTION 9: Sexual Orientation and Gender Identity (IF TIME PERMITS)
The final set of questions asks about gender and sexual orientation. After I’ve finished
reading the question, you can go ahead and circle your answer.
[ASK ALL QUESTIONS BEFORE ADMINISTERING PROBES]
GI1. What sex were you assigned at birth, on your original birth certificate?
Male ..................................................................... 1
Female.................................................................. 2

What do you think this question is asking?
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(IF NEEDED) What do you think about the phrase “sex you were assigned at birth?” What
do you think that means?
Tell me what you know about your birth certificate.
Have you seen your birth certificate?
Do you know what kinds of information are included on your birth certificate?

GI2. Do you currently describe yourself as male, female or transgender?
Male ..................................................................... 1
Female.................................................................. 2
Transgender ......................................................... 3
None of these ....................................................... 4
Not sure ................................................................ 5

Have you ever heard the word “transgender?” What do you think it means?
Can you think of a situation where someone would circle “None of these” or “Not sure?”
[MALE RESPONDENTS ONLY]
GI3. Do you consider yourself…? (Males)
Gay ....................................................................... 1
Straight, that is, not gay ...................................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

[If R answered anything but straight]: How did you decide on your answer?
[If R answered straight]: What do you think this question is asking?
Do you find any of these answers confusing or unclear?
[If YES]: Which answer was that? Why do you think it was confusing/unclear?

[FEMALE RESPONDENTS ONLY]
GI3. Do you consider yourself ? (Females)
Lesbian or gay ...................................................... 1
Straight, that is, not lesbian or gay ...................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

[If R answered anything but straight]: How did you decide on your answer?
[If R answered straight]: What do you think this question is asking?
Do you find any of these categories confusing or unclear?
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[If YES]: Which answer was that? Why do you think it was confusing/unclear?

GI4.

People are different in their sexual attraction to other people. Which best describes
your feelings?
Only attracted to males ........................................ 1
Mostly attracted to males ..................................... 2
Equally attracted to females and males ................ 3
Mostly attracted to females .................................. 4
Only attracted to females ..................................... 5
Not sure ................................................................ 6

Tell me more about your answer to this question.
What do think this question is asking?
Any other comments on this set of questions before we move on?

Closing
Those are all the questions I have for you.

Thank you for your time.

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National Survey of Youth in Custody (NSYC-3)
Cognitive Interview Guide
Version 2

Hello. My name is ( ) and I work for Westat, a research firm outside of Washington, DC. We are
working with the U.S. Department of Justice on a special study called the National Survey of Youth in
Custody. Today I would like to show you some of the questions we are considering for the study and get
your reactions to them. Let’s start by going over some details about the study.

HAND COPY OF ASSENT FORM TO R AND READ FORM ALOUD
ANSWER PARTICIPANT’S QUESTIONS, IF ANY. IF THE YOUTH UNDERSTANDS
THE ASSENT CONCEPTS, ASK FOR ASSENT.
Are you willing to participate in this study?
IF R SAYS “YES”, INTERVIEWER SIGN AND DATE THE YOUTH ASSENT FORM
AND PROVIDE A COPY FOR THE RESPONDENT. IF THE R SAYS “NO”, THANK
THEM AND END THE INTERVIEW.
Thank you.
Now I’m going to hand you the questions a few at a time. I will read them aloud while you
look at them. After I’ve finished reading the question, you can circle your answer.
Sometimes, there will be some questions that I ask you NOT to answer, but just to look at
and think about. For those, I’ll let you know before I show them to you.
After you answer each question, we will stop to talk about it. I might ask you to tell me
what you were thinking about when you answered the question, what the question was
asking, or anything else you might think about the question. This will help us figure out
how we can improve the questions.
Sometimes, I’ll ask you about some of the words in the question. If you don't understand a
question, please tell me, because that's just the sort of thing I’m trying to find out here,
OK?
Do you have any questions before we begin?

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SECTION 1: Legal Counsel & Institutional Experiences
Here is the first question. I’m going to read it aloud. Please circle your answer and then
we’ll talk about the question and the answer you gave.
AE0080. Who was responsible for taking care of you when you were growing up? You may
choose more than one answer. (SYRP)
Your mother or step-mother ................................ 1
Your father or step-father .................................... 2
Your grandparents................................................ 3
Foster parent ........................................................ 4
A sister or brother ................................................ 5
Other relative ....................................................... 6
Friend ................................................................... 7
Group home ......................................................... 8
Other .................................................................... 9

How easy or hard was it to answer this question? (Explain)
What do you think of these response choices? Are there any categories that should be
added?
What do you think this means by “when you were growing up”? From what age to what
age do you think this covers?
What if someone grew up in different households as a child? How would that person
answer this?

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Now let’s go on to the next questions. Again, I will read them out loud and you should
circle your answers.
LC1. Do you have a lawyer or legal counsel?
Yes ....................................................................... 1
No ........................................................................ 2

LC2. Since you came to this facility, have you asked to see, call, or write to (your/a) lawyer
or legal counsel?
Yes ....................................................................... 1
No ........................................................................ 2

LC3. Since you have been here, have you been allowed to see, call, or write to (your/a)
lawyer or legal counsel?
Yes ....................................................................... 1
No ........................................................................ 2

What is the 2nd question asking?
How about the 3rd question?
Did you have any difficulty answering these questions? (Explain)

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SECTION 2: Solitary Confinement
Now let’s go on to the next questions. Again, I will read them out loud and you should
circle your answers.
SC1. Since coming to this facility have you ever been confined in a separate room, other
than your own room, without contact with other youth?
Yes ....................................................................... 1
No ........................................................................ 2

[IF YES]: Can you tell me more about your answer?
[IF NO]: What is this question asking?
[ALL]:
When you read “confined in a separate room”, what did you think of?
What does “without contact with other youth” mean to you?
When/If this happens at this facility, is there a special word or phrase you use to describe
it?
[If R answered YES to SC1, continue with the question and answer format]
[If R answered NO to SC1]: Even though you answered No to this question, I would still
like to talk about the next few questions about this topic. Please do not circle an answer or
tell me your answer. I’m going to read this whole list and then I’ll just ask you how you
interpreted some of the items.

SC2. What was the reason you were confined in a separate room, other than your own
room, without contact with other youth?
Yes

No

a. You were accused of or punished for breaking the
rules ...............................................................................

1

2

b. You were waiting to be moved to another unit or
facility.........................................................................

1

2

c. You were sick or another medical reason.....................

1

2

d. To protect you from harming yourself .........................

1

2

e. To protect you from being harmed by others ...............

1

2

[If R answered the question]: Tell me more your answers to these items...
[If R answered no to all]: Do you know what the reasons was for being confined to a
separate room? Is there some other reason that is missing from this list?
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[ASK ALL]:
Do any of these items (a - e) seem confusing or unclear to you?
Can you think of any other reasons why someone might be confined in a separate room
without contact with other youth?
[If Yes] Can you tell me more about that?

[CONTINUE BY HAVING R ANSWER THE QUESTION IF SC1=YES, OR BY ONLY
REVIEWING THE QUESTION IF SC1=NO]:
SC4. Since coming to this facility, what was the longest time you were confined in a
separate room, other than your own room, without contact with other youth?
Less than 3 hours ................................................. 1
3 hours but less than 6 hours ................................ 2
6 hours but less than 1 day ................................... 3
1 day but less than 1 week ................................... 4
1 week or more ................................................... 5

[If R answered the question]: How did you decide on your answer?
[ASK ALL]:
What do you think this question is asking?
Were any of these answer choices confusing or unclear?
[If YES]: Which option was that and what made it confusing?

Here is the next question. Please answer it after I’ve read it to you.
SC5. Since coming to this facility, have you been confined to your room for breaking
facility rules?
Yes ....................................................................... 1
No ........................................................................ 2

[IF YES]: Can you tell me more about your answer?
[IF NO]: What does this question mean to you?
[ASK ALL]:
What does being “confined to your room” mean in this question?
How is this different than being placed in a separate locked room?
[If YES:] Can you tell me how they are different?
[If R answered YES to SC5, continue with the question and answer format.]
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[If R answered NO to SC5]: You answered No to being confined to your room but I would
still like to show you some other questions we would ask about this topic. Do not circle your
answers for these next few questions. We will just talk about what they mean to you.
[AFTER R HAS ANSWERED SC6, SC7, ASK PROBES]

SC7. Since coming to this facility, what was the longest time you have been confined to
your own room for breaking facility rules?
Less than 3 hours ................................................. 1
3 hours but less than 6 hours ................................ 2
6 hours but less than 1 day ................................... 3
1 day but less than 1 week ................................... 4
1 week or more ................................................... 5

[If R answered the question]: Can you tell me more about your answer?
[IF NOT ANSWERED]: What does this question mean?
[ASK ALL]:
Do you have any other comments about these two questions that we haven’t already talked
about?

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SECTION 3: Youth Gang Involvement
Here is the next question. Please circle an answer after I’ve read it to you.
GA3. Are you a member of a gang in this facility?
Yes ....................................................................... 1
No ........................................................................ 2

[IF YES]: Can you tell me more about your answer?
[IF NO]: What do you think this question is asking about?
[ASK ALL]:
What comes to mind when you hear “a gang in this facility?”
Are you thinking just about gangs in this facility, or are you also thinking about gangs
outside of this facility?
[If R answered YES, continue with question and answer format]
[If R answered NO to being in a gang (GA3)]: Even though you answered No to being in a
gang, I would still like to show you this next question. You do not have to answer it. We can
just talk about it and you can tell me what you think. Ok?
GA4. When did you join this gang?
Since I got here .................................................... 1
Before I got here .................................................. 2

[If R answered the question]: Tell me more about your answer.
How easy or hard was it to answer this question?
[If R did not answer the question]: What do you think this question is asking?

Now I’m going to hand you the next questions. After I’ve read the questions, go ahead and
circle your answers and then we’ll talk about them.
[AFTER R HAS ANSWERED GA7 AND GA8, ASK PROBES]
GA7. Has a gang in this facility ever tried to recruit you?
Yes ....................................................................... 1
No ........................................................................ 2

[IF YES]: What were you thinking when you came up with your answer?

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[IF NO]: Can you give me an example of a situation where someone might answer yes to
this question?
[ASK ALL]:
What does it mean when a gang “tries to recruit you?”
Can you give me an example?
GA8. Have you ever had to do or pay something to have gangs leave you alone?
Yes ....................................................................... 1
No ........................................................................ 2

[IF YES]: Tell me more about your answer.
[IF NO]: What do you think this question is asking about?
Could you give me an example of a situation where this might happen?

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SECTION 4: Treatment Programs and Services
This next question will be used to get more information about youth drug use. I do not
want you to answer the question about yourself, I just want you to get your feedback on
how the questions are written. So please do not circle an answer for these.
[DO NOT HAVE RESPONDENT CIRCLE ANSWERS FOR SECTION 4]
C1.
The next questions are about drugs you may have taken on your own – that is,
without a doctor telling you to take them.
Have you ever used...
YES

n. Synthetic drugs (such as synthetic marijuana, K2, Spice,
fake weed, King Kong, Yucatan Fire, Skunk, bath salts) ........................ 1
o. Cough syrup to get high ............................................................................... 1

NO

2
2

Are there any categories missing for examples of synthetic drugs that you know about?
If a doctor told someone to take cough syrup, how would that person answer item o?

SECTION 5: Staff Incident Details
These next questions will be used to get more information about any sexual contact that
may have happened between youth and staff at this facility. I don’t want you to answer
these questions about yourself. I just want you to tell me what the words might mean if a
youth did have sexual contact with a staff member and was being asked these questions
about their experience. So please do not circle an answer for these.

[DO NOT HAVE RESPONDENT CIRCLE ANSWERS FOR SECTION 5]
3a. Still thinking just about this time that you had sexual contact with a staff member, was
the staff member who you had sexual contact with…
A staff member who directly supervises youth/correctional officer ........... 1
A teacher or educator .................................................................................. 2
Medical or mental health staff .................................................................. 3
Other staff working in the facility ............................................................... 4
A volunteer in the facility ........................................................................... 5

Let’s look at the answer choices for this question...
Do any of these seem confusing or unclear?
[If YES]: Which one is that? What makes it confusing/unclear?
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Can you think of any other types of staff members that we may have missed who are at this
facility?

Here is the next question. Again, do not answer the question, just listen.
7.

Still thinking just about this time that you had sexual contact with a staff member, was
there anyone who knew what was happening?
Yes, other youth .............................................................. 1
Yes, other staff ................................................................ 2
Yes, both youth and staff .............................................. 3
No .................................................................................. 4

What do you think this question is asking about?
What do you think of when you hear “anyone who knew what was happening?”

Here is the next question. Again, do not answer the question, just listen and think about it.
8. What were these other youth doing at the time?
They were helping make it happen ................................. 1
They were trying to stop it from happening.................... 2
They knew it was happening, but did nothing ................ 3

Let’s look at just the answer choices for this question...
What do you think these categories mean? (GO THROUGH EACH ONE)
[IF NEEDED] Were any of them confusing or unclear?
[If YES]: Which one is that? What makes it confusing/unclear?

Here are the next questions. Again, do not answer the questions, just listen and think about
them.

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11. Did (this staff person/any of those staff persons) do any of the following AFTER this
happened?
Yes

No

1

2

1

2

1

2

1

2

e. Had sexual contact with you again...............................

1

2

f.

Ignored you or stayed away from you ..........................

1

2

g. No change – the staff person treated me the same as
before. .........................................................................

1

2

a. Gave you gifts or money so that you would keep it a
secret ..............................................................................
b. Threatened to hurt you so that you would keep it a
secret...........................................................................
c. Said he/she would blame it on you if you told
anyone ........................................................................
d. Said he/she would stop spending time with you if
you told anyone. ..........................................................

Do you have any overall comments on these questions first?
Do any of these categories seem confusing or unclear?
[If YES]: Which one is that? What makes it confusing/unclear?
Looking at item b, what does it mean to “threaten to hurt someone”? Can you give an
example?
Looking at item c, what does “blame it on you” mean to you?

Here are the next questions. Again, do not answer the questions, just listen and think about
them.
12.

In the days after this happened, how did you feel about what happened? (NEW)
Extremely upset ............................................................. 1
Quite upset ..................................................................... 2
A little upset ................................................................... 3
Not upset at all ............................................................... 4
Glad it happened ............................................................ 5

How easy or hard would it be to answer this question?

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In your mind, what’s the difference between being “quite upset” about something and “a
little upset”? What about the difference between “extremely upset” and “quite upset”?

For this next set of questions, I’d like you to imagine that you had answered that you were
upset about the sexual contact that had happened with a staff member in this facility.
Again, do not actually answer the questions, just tell me your reactions to them.
13.

(IF Q12=1, 2 or 3) Did you feel any of the following ways after this happened?

a.
b.
c.
d.
e.
f.
g.

YES
Worried or anxious? .................................................................. 1
Angry? ....................................................................................... 1
Sad or depressed? ....................................................................... 1
Vulnerable? ................................................................................ 1
Violated? .................................................................................... 1
Like you couldn’t trust people? ................................................. 1
Fearful? ...................................................................................... 1

NO
2
2
2
2
2
2
2

Do you have any overall comments on these questions first?
Are any of these categories unfamiliar to you or unclear?
[If YES]: Which one is that?
Looking at item d, what does the word “vulnerable” mean?
Looking at item e, What about the word “violated?”
For this next set of questions, I’d like you to imagine that you had answered that you were
not upset or that you were actually glad about the sexual contact that had happened with a
staff member in this facility. Again, do not actually answer the questions, just tell me your
reactions to them.
14.

(IF Q12=4 or 5) Did you feel any of the following ways after this happened? (NEW)
/
YES

a.
b.
c.
d.
e.
f.

Like the staff member really cared about you ....................................... 1
Like you really cared about the staff member....................................... 1
Like you had gotten what you wanted .................................................. 1
Like you would get something from the staff member in return ......... 1
Like you were in control ....................................................................... 1
Like you wanted it to happen again ...................................................... 1

NO

2
2
2
2
2
2

Do you have any overall comments on these questions first?

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Looking at item c, can you think of an example where someone might say yes to this,
meaning they felt like they had “gotten what they wanted”?
Looking at item d, what do you think this one is asking about?
Looking at item e, what do you think this one is asking about? (Interviewer: Listen for
comments about being in control of oneself vs. controlling the other person)

Let’s keep thinking about what these next questions might mean to someone in the facility.
Again, please do not circle an answer for these.
15.

Have your feelings changed since the incident happened? (NEW)
Yes ................................................................................. 1
No.................................................................................... 2

How easy or difficult do you think it might be for someone to answer this question?
(Explain.)
For this next question, please imagine that someone said their feelings had changed since
the incident happened. Again, do not circle an answer to this question – we will just talk
about it.
16.

(IF Q15=1) Thinking about it now, how do you feel about what happened? (NEW)
Extremely upset...................................
Quite upset..........................................
A little upset.........................................
Not upset at all.....................................
Glad it happened .................................

1
2
3
4
5

How easy or difficult do you think it might be for someone to answer this question?
(Explain.)

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SECTION 6: History of Victimization
Please read these next three questions, but do not circle an answer to them – we will just
talk about them.
HV7. Before you came to this place, had anyone ever forced you to have any kind of
sexual contact? (NSYC-2)
Yes ....................................................................... 1
No ........................................................................ 2

HV8. Did any of this happen while you were in a corrections facility? (NSYC-2 modified)

Yes ....................................................................... 1
No ........................................................................ 2

HV9. Did any of this happen while you were being arrested or detained by a law
enforcement officer?

Yes ....................................................................... 1
No ........................................................................ 2

What do you think the 3rd question is asking about?
What do you think is meant by “a law enforcement officer”? While you’re being arrested
or detained, what are the different types of law enforcement officers you might be in
contact with?
What would make someone say yes to this 3rd question?

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Section 7: Treatment Programs and Services (IF TIME PERMITS)
Now you can go back to giving an answer to the questions and circle your answer.
TP2. Since coming to this facility, have you received counseling for drug or alcohol
problems?
Yes ....................................................................... 1
No ........................................................................ 2

[IF YES]: Tell me about your answer to this question.
[IF NO]: What comes to mind when you hear the word “counseling?”
[If R answered YES to TP2, continue with the question and answer format.]
[If R answered NO to TP2]: Even though you answered No to that question, I would still
like to talk about the next few questions about this topic. Please do not circle an answer or
tell me your answer. I’m going to read this whole list and then I’ll just ask you how you
interpreted some of the items.
TP3. When you received counseling for your drug or alcohol problems, what kind of
counseling was it?
Yes

No

a. Just you and the counselor ............................................

1

2

b. Yourself and other youths with a counselor ...............

1

2

c. Yourself and your family with a counselor ..................
d. Other ...........................................................................

1
1

2
2

[If R answered the question]: How easy or hard was it to answer this question?
[IF HARD]: What made it hard?
[If R did NOT answer the question]: Do any of these categories (a to d) seem confusing or
unclear?
[If YES]: Which one? What about it made it confusing/unclear?
Any other comments on this question?

Here is the next question.

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TP4. How helpful was the counseling for your drug or alcohol problems?
Very helpful ......................................................... 1
Somewhat helpful ................................................ 2
Not very helpful ................................................... 3

[If R answered the question]: Tell me about your answer to this question...
[If R did NOT answer the question]: What do you think this question is asking about?

Here is the next question. [IF NEEDED:] You can go ahead and answer this one.
TP5. Since coming to this facility, have you received counseling to help you deal with any
of your feelings and emotions?
Yes ....................................................................... 1
No ........................................................................ 2

[IF YES]: Tell me about your answer.
[IF NO]: Can you give me an example of a situation where someone might answer yes to
this question?

[If R answered YES to TP5, continue with question and answer format.]
[If R answered NO to TP5]: You answered No to that question but I would still like to talk
about the next few questions about this topic. Please do not circle an answer or tell me your
answer. I’m going to read this whole list and then I’ll just ask you how you interpreted
some of the items.
TP6. When you received counseling about your feelings and emotions, what kind of
counseling was it?
Yes

No

b. Yourself and other youths with a counselor ...............

1
1

2
2

c. Yourself and your family with a counselor ..................

1

2

d. Other ...........................................................................

1

2

a. Just you and the counselor ............................................

[If R answered the question]: How easy or hard was it to answer these questions?
[IF HARD]: What made it hard?
[If R did not answer the question]: Do you have any comments or feedback about this
question?
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TP7. Since coming to this facility, how often did you receive counseling about your feelings
and emotions?
Never.................................................................... 1
Less than once a month ........................................ 2
About once a month ............................................. 3
A few times each month ...................................... 4
Once a week ......................................................... 5
Twice a week ....................................................... 6
Three or more times a week ................................. 7
Other .................................................................... 8

[If R answered the question]: How did you come up with your answer to this question?
[If R answered the question]: How easy or hard was it to answer this question?
[IF HARD]: What made it hard?
[If R did not answer the question]: Let’s look at the answer choices...
Is there anything confusing or unclear about these options?
[If YES]: Which one? What made it confusing?

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SECTION 8: Sexual Orientation and Gender Identity (IF TIME PERMITS)
The final set of questions asks about gender and sexual orientation. After I’ve finished
reading each question, you can circle your answer.
[ASK ALL QUESTIONS BEFORE ADMINISTERING PROBES]
GI1. What sex were you assigned at birth, on your original birth certificate?
Male ..................................................................... 1
Female.................................................................. 2

What do you think this question is asking?
[IF NEEDED] What do you think we mean by “sex you were assigned at birth?”
The question asks about your original birth certificate. Tell me, what do you know about
your birth certificate?
[IF NEEDED] Have you seen your birth certificate?
[IF NEEDED] Do you know what kinds of information are included on your birth
certificate?

GI2. Do you currently describe yourself as male, female or transgender?
Male ..................................................................... 1
Female.................................................................. 2
Transgender ......................................................... 3
None of these ....................................................... 4
Not sure ................................................................ 5

[IF NOT MALE OR FEMALE] Tell me more about your answer to this question.
Have you ever heard the word “transgender?” What do you think it means?
Can you think of a situation where someone might circle “None of these” or “Not sure”?
[MALE RESPONDENTS ONLY]
GI3. Do you consider yourself...
Gay ....................................................................... 1
Straight, that is, not gay ...................................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

[If R answered anything but straight]: How did you decide on your answer?
[If R answered straight]: What do you think this question is asking?
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Do you find any of these answers confusing or unclear?
[If YES]: Which answer was that? Why do you think it was confusing/unclear?

[FEMALE RESPONDENTS ONLY]
GI3. Do you consider yourself...
Lesbian or gay ...................................................... 1
Straight, that is, not lesbian or gay ...................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

[If R answered anything but straight]: How did you decide on your answer?
[If R answered straight]: What do you think this question is asking?
Do you find any of these answers confusing or unclear?
[If YES]: Which answer was that? Why do you think it was confusing/unclear?

GI4.

People are different in their sexual attraction to other people. Which best describes
your feelings?
Only attracted to males ........................................ 1
Mostly attracted to males ..................................... 2
Equally attracted to females and males ................ 3
Mostly attracted to females .................................. 4
Only attracted to females ..................................... 5
Not sure ................................................................ 6

Tell me more about your answers to these questions.
What do think these questions are asking?
What do the words “romantically attracted to” mean to you?

Closing
Those are all the questions I have for you.

DISCUSS ANY RESPONDENT COMMENTS.
Thank you for your time.

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National Survey of Youth in Custody (NSYC-3)
Cognitive Interview Guide
SOGI Questions
INTRODUCTION AND INFORMED CONSENT
IF YOUTH IS UNDER THE AGE OF 18, OBTAIN PARENTAL CONSENT PRIOR TO
REVIEWING YOUTH ASSENT BELOW.
Hello. Thank you for taking the time to help us out today. My name is ( ) and I will be conducting the
interview with you today. Today I would like to show you some of the questions we are considering for a
national study of youth and would like to get your reactions to them. Let’s start by going over some
details about the study.

READ ASSENT OR CONSENT FORM ALOUD
Do you have any questions?

ANSWER PARTICIPANT’S QUESTIONS, IF ANY.
IF THE PARTICIPANT IS OVER THE AGE OF 18, HAVE THEM SIGN AND DATE
THE CONSENT FORM.
IF THE YOUTH IS UNDER THE AGE OF 18 AND UNDERSTANDS THE ASSENT
CONCEPTS, ASK FOR ASSENT.
Are you willing to participate in this study?

IF R SAYS “YES”, INTERVIEWER SIGN AND DATE THE YOUTH ASSENT FORM.
IF THE R SAYS “NO”, THANK THEM AND END THE INTERVIEW.
TURN ON RECORDER. The date and time is ____________. Now that the recorder is
running, let me ask again, is it okay with you if we record this interview?

Now I’m going to hand you the questions. I will read them aloud while you look at them.
After I’ve finished reading the question, you can circle your answer.
After you are finished answering the questions, we will stop to talk about them. I might ask
you to tell me what you were thinking about the question, what the question was asking, or
anything else you might think about the question. This will help us figure out how we can
improve the questions.

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Sometimes, I’ll ask you about some of the words in the question. If you don't understand a
question I ask, please tell me, because that's just the sort of thing I’m trying to find out
here, OK?
[ASK ALL QUESTIONS GI1-GI5 BEFORE ADMINISTERING PROBES]
GI1. What sex were you assigned at birth, on your original birth certificate?
Male ..................................................................... 1
Female.................................................................. 2

What do you think this question is asking?
What do you think we mean by “sex you were assigned at birth?”
Tell me what you know about your birth certificate.
Have you seen your birth certificate?
Do you know what kinds of information are included on your birth certificate?

GI2. Do you currently describe yourself as male, female or transgender?
Male ..................................................................... 1
Female.................................................................. 2
Transgender ......................................................... 3
None of these ....................................................... 4
Not sure ................................................................ 5

Tell me more about your answer.
Have you ever heard the word “transgender?” What do you think it means?
Can you think of a situation where someone would circle “None of these” or “Not sure?”
[MALE RESPONDENTS ONLY]
GI3. Do you consider yourself...
Gay ....................................................................... 1
Straight, that is, not gay ...................................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

[If R answered anything but straight]: How did you decide on your answer?
[If R answered straight]: What do you think this question is asking?
Do you find any of these answers confusing or unclear?
[If YES]: Which answer was that? Why do you think it was confusing/unclear?

[FEMALE RESPONDENTS ONLY]
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GI3. Do you consider yourself...
Lesbian or gay ...................................................... 1
Straight, that is, not lesbian or gay ...................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

[If R answered anything but straight]: How did you decide on your answer?
[If R answered straight]: What do you think this question is asking?
Do you find any of these answers confusing or unclear?
[If YES]: Which answer was that? Why do you think it was confusing/unclear?
GI4.

People are different in their sexual attraction to other people. Which best describes
your feelings?
Only attracted to males ........................................ 1
Mostly attracted to males ..................................... 2
Equally attracted to females and males ................ 3
Mostly attracted to females .................................. 4
Only attracted to females ..................................... 5
Not sure ................................................................ 6

Tell me more about your answer to this question.
What do think this question is asking?
Any other comments on this set of questions before we move on?

[IF RESPONDENT IS NOT LGBT BUT HAS FAMILY MEMBER OR FRIENDS WHO
ARE LGBT, CONTINUE. OTHERWISE, SKIP TO DISABILITY QUESTIONS]
When we recruited you for this interview, you indicated that you have a close family member or
a close friend who is lesbian, gay, bisexual or transgender. Now I’d like to go back through these
questions, and have you think about how this person might answer these questions.
GI1. What sex were you assigned at birth, on your original birth certificate?
Male ..................................................................... 1
Female.................................................................. 2

How do you think your [family member/friend] would answer this question about
themselves?
Do you think they would have any difficulty answering this? [IF YES] Explain.

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GI2. Do you currently describe yourself as male, female or transgender?
Male ..................................................................... 1
Female.................................................................. 2
Transgender ......................................................... 3
None of these ....................................................... 4
Not sure ................................................................ 5

How do you think your [family member/friend] would answer this question about
themselves?
[IF TRANSGENDER] Does your [family member/friend] use “transgender” to describe
himself or herself?
[IF NO]: Is there any other word or phrase that they use?

GI3. Do you consider yourself...
Gay ....................................................................... 1
Straight, that is, not gay ...................................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

GI3. Do you consider yourself...
Lesbian or gay ...................................................... 1
Straight, that is, not lesbian or gay ...................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

How do you think your [family member/friend] would answer this question about
themselves?
Does your [family member/friend] use any of these words to describe him or herself?
[IF NO]: Is there any other word or phrase that they use?

GI4.

People are different in their sexual attraction to other people. Which best describes
your feelings?
Only attracted to males ........................................ 1
Mostly attracted to males ..................................... 2
Equally attracted to females and males ................ 3
Mostly attracted to females .................................. 4

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Only attracted to females ..................................... 5
Not sure ................................................................ 6

[If R has family/friend that is LGBT]: How do you think your [family member/friend]
would answer this question about themselves?
Do you think they would have any difficulty answering this? [IF YES] Explain.

Disability Questions
Now I’d like to shift gears and show you some other questions being considered for this
survey. For these, I don’t want you to actually answer the questions. Instead, I will read
each question aloud while you look at them and then we’ll talk about them.
[ASK EACH QUESTION THEN ADMINISTER PROBES BEFORE MOVING ON]
DI1.

Because of a physical, mental or emotional problem, do you have serious difficulty
concentrating, remembering, or making decisions?
Yes ....................................................................... 1
No ........................................................................ 2

What do you think this question is asking about?
What type of condition might make someone say yes to this question?
For the next 2 questions, imagine someone had said yes to the question we just talked about
– “Because of a physical, mental, or emotional problem, do you have serious difficulty
concentrating, remembering, or making decisions?” The follow-up questions are:
DI2.

Is the difficulty you experience because of a physical problem?
Yes ....................................................................... 1
No ........................................................................ 2

What types of physical problems do you think this might be asking about?
DI3.

Is the difficulty you experience because of a mental or emotional problem?
Yes ....................................................................... 1
No ........................................................................ 2

What types of mental or emotional problems do you think this might be asking about?

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Closing
Those are all the questions I have for you.

Thank you for your time.

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NSYC-3
Version 1 Items for Cognitive Testing

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SECTION 1:
Please answer the following questions about this
facility.

Yes

No

FL5. The temperature usually feels ok here--it isn't too
hot or too cold. ........................................................

1

2

FL6. Room lights are turned off at night when youth are
sleeping. ..................................................................

1

2

FL7. The facility is noisy at night when youth are
sleeping. ..................................................................

1

2

FL8. I am allowed to take a shower every day... ...............

1

2

FL9. I feel like I have enough privacy here from staff
and other youth. .......................................................

1

2

F10. I am allowed to decorate where I sleep to make it
feel like I have my own personal space. ...................

1

2

F11. I am allowed to wear my hair the way I want ...........

1

2

1

2

1

2

F12. I am allowed to talk to other youth during meal
time. ........................................................................
F13. The staff here set up celebrations for holidays and
youths' birthdays......................................................

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SECTION 2
ST1. How many staff explain facility rules clearly?
None of the staff .................................................. 1
Few of the staff .................................................... 2
Most of the staff ................................................... 3
All of the staff ...................................................... 4
ST2. How many staff use force when they don’t really need to?
None of the staff .................................................. 1
Few of the staff .................................................... 2
Most of the staff ................................................... 3
All of the staff ...................................................... 4
ST3. How many staff give fair punishments?
None of the staff .................................................. 1
Few of the staff .................................................... 2
Most of the staff ................................................... 3
All of the staff ...................................................... 4
ST4. Are staff disrespectful?
Yes ....................................................................... 1
No ........................................................................ 2
ST5. Do staff give youth the chance to tell their side before making decisions?
Yes ....................................................................... 1
No ........................................................................ 2
ST6. Do staff act honestly?
Yes ....................................................................... 1
No ........................................................................ 2

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SECTION 3:

MV12. [Since coming to this facility OR In the past 12 months] Have you been written up
or charged for breaking facility rules such as talking back to staff, being out of
place, or not following directions?
Yes ....................................................................... 1
No ........................................................................ 2

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SECTION 4:

EP1.

After you got to this facility (this time), when did you first learn that all
forms of sexual abuse and harassment are not allowed?
Within the first 24 hours after you got here (this time) ......... 1
Between 1 and 10 days after you got here (this time)............ 2
More than 10 days after you got here (this time) ................... 3
I was never told that all forms of sexual abuse and harassmentare not allowed
................................................................................................

4

EP4. How were you given information about these rules?

EP5.

Yes

No

a. Facility staff ..................................................................

1

2

b. Posters/signs ..................................................................

1

2

c. Brochure/flier/pamphlet/handout ...............................

1

2

d. Handbook....................................................................
e. Video ..........................................................................

1
1

2
2

f.

1

2

Telephone system ........................................................

Do you think youth in this facility would feel safe reporting any sexual abuse to
staff?
Yes ......................................................................................... 1
No ........................................................................................... 2

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SECTION 5: PLEASE DO NOT CIRCLE ANY RESPONSES ON THIS PAGE

GRpre4. Since you got here, has any staff member offered you extra privileges at the
canteen or commissary including food, personal items, clothing, or other items?
Yes ....................................................................... 1
No ........................................................................ 2

GR7. Since you got here, has any staff member ever spent time alone with you and asked
you not to tell anyone?
Yes ....................................................................... 1
No ........................................................................ 2

GR8. Since you got here, has any staff member ever shared that they felt emotionally close
to you or that they had special feelings for you?
Yes ....................................................................... 1
No ........................................................................ 2

GR9. Since you got here, has any staff member talked to you about sex in a way that was
not part of their regular job duties, joked with you about sex, or shared sexual
stories with you?
Yes ....................................................................... 1
No ........................................................................ 2

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SECTION 6:

MH1. In the past 30 days, how often did you have each of the following experiences:
All
Most Some A little None
of the of the of the of the of the
time time time time time
a.
b.
c.
d.

How often did you feel nervous? ..................
How often did you feel hopeless? ................
How often did you feel restless or fidgety? ..
How often did you feel so depressed that
nothing could cheer you up? .........................
e. How often did you feel that everything
was an effort? ...............................................
f. How often did you feel worthless? ................

1
1
1

2
2
2

3
3
3

4
4
4

5
5
5

1

2

3

4

5

1
1

2
2

3
3

4
4

5
5

More
often
g. We just reviewed a number of negative feelings
and experiences during the past 30 days. Taking
them altogether, did these feelings occur more
often in the past 30 days than is usual for you, less
often than usual, or about the same as usual? ............

1

About Never
Less
the
had
often same
any

2

3

4

MH2. During your first years at school—say between the ages of kindergarten and second
grade—was there ever a period lasting six months or longer when you:
a. Lost interest very quickly in games or work
YES ......................................................... 1
NO .......................................................... 2
b. Had trouble finishing what you started without being distracted
YES ......................................................... 1
NO .......................................................... 2
c. Were not listening when people spoke to you.
YES ......................................................... 1
NO .......................................................... 2

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MH4. Did you ever have a period lasting six months or longer when you often did things
that got you in trouble with adults such as:
YES
a.
b.
c.
d.
e.

losing your temper, arguing? ................................................................ 1
talking back to adults............................................................................ 1
refusing to do what your teachers or parents asked you to do ............. 1
annoying people on purpose ................................................................ 1
being grouchy or irritable .................................................................... 1

NO
2
2
2
2
2

MH22.Before you came to this facility, did a professional ever tell you have..
YES
a.
b.
c.
d.

Depression? ................................................................................................. 1
Post-traumatic stress disorder or PTSD? .................................................... 1
Another anxiety disorder, such panic disorder, obsessive
compulsive disorder (OCD), or social anxiety? ................................... 1
A mental or emotional condition other than those listed above? ................ 1

Attachment 2: Protocols

NO
2
2
2
2

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SECTION 7: PLEASE DO NOT CIRCLE ANY RESPONSES ON THIS PAGE

4. Where was the other youth living at the time?
In the same room as you ................................................................ 1
In the same housing area as you, but not in the same room ........... 2
In a different housing area than you .............................................. 3
5. How well did you know the other youth at the time?
By sight only ..................................................................... 1
A casual acquaintance ....................................................... 2
Well known ....................................................................... 3
13. In the days after this happened, how did you feel about what happened?
Extremely upset...................................
Quite upset..........................................
A little upset.........................................
Not upset at all.....................................
Glad it happened .................................

1
2
3
4
5

14. (IF Q13=1, 2 or 3) Did you feel any of the following ways after this happened?
YES
a.
b.
c.
d.
e.
f.
g.

Worried or anxious?...........................................................
Angry?...............................................................................
Sad or depressed?.............................................................
Vulnerable?........................................................................
Violated?...........................................................................
Like you couldn’t trust people?...........................................
Fearful?.............................................................................

1
1
1
1
1
1
1

NO
2
2
2
2
2
2
2

15. (IF Q13=4 or 5) Did you feel any of the following ways after this happened? (NEW)

a.
b.
c.
d.
e.
f.

Like the other youth really cared about you..........................
Like you really cared about the other youth..........................
Like you had gotten what you wanted..................................
Like you would get something from the other youth in return.
Like you were in control......................................................
Like you wanted it to happen again.....................................

Attachment 2: Protocols

YES

NO

1
1
1
1
1
1

2
2
2
2
2
2

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SECTION 7: PLEASE DO NOT CIRCLE ANY RESPONSES ON THIS PAGE

16.

Have your feelings changed since the incident happened?
YES.................................................... 1
NO...................................................... 2

17.

(IF Q16=1) Thinking about it now, how do you feel about what happened?
Extremely upset...................................
Quite upset..........................................
A little upset.........................................
Not upset at all.....................................
Glad it happened .................................

Attachment 2: Protocols

1
2
3
4
5

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SECTION 8: PLEASE DO NOT CIRCLE ANY RESPONSES ON THIS PAGE

DI1.

Because of a physical, mental or emotional problem, do you have serious difficulty
concentrating, remembering, or making decisions?
YES.................................................... 1
NO...................................................... 2

DI2.

Is the difficulty you experience because of a physical problem?
YES.................................................... 1
NO...................................................... 2

DI3.

Is the difficulty you experience because of a mental or emotional problem?
YES.................................................... 1
NO...................................................... 2

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SECTION 9:

GI1. What sex were you assigned at birth, on your original birth certificate?
Male ..................................................................... 1
Female.................................................................. 2

GI2. Do you currently describe yourself as male, female or transgender?
Male ..................................................................... 1
Female.................................................................. 2
Transgender ......................................................... 3
None of these ....................................................... 4
Not sure ................................................................ 5

(IF YOU ARE MALE:)
GI3. Do you consider yourself...
Gay ....................................................................... 1
Straight, that is, not gay ...................................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

(IF YOU ARE FEMALE:)
GI3. Do you consider yourself...
Lesbian or gay ...................................................... 1
Straight, that is, not lesbian or gay ...................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

GI4. People are different in their sexual attraction to other people. Which best describes
your feelings?
Only attracted to males ........................................ 1
Mostly attracted to males ..................................... 2
Equally attracted to females and males ................ 3
Mostly attracted to females .................................. 4
Only attracted to females ..................................... 5
Not sure ................................................................ 6

Attachment 2: Protocols

Page 2-55

NSYC-3
Version 2 Items for Cognitive Testing

Attachment 2: Protocols

Page 2-56

SECTION 1:

AE0080. Who was responsible for taking care of you when you were growing up? You may
choose more than one answer.
Your mother or step-mother ................................ 1
Your father or step-father .................................... 2
Your grandparents................................................ 3
Foster parent ........................................................ 4
A sister or brother ................................................ 5
Other relative ....................................................... 6
Friend ................................................................... 7
Group home ......................................................... 8
Other .................................................................... 9

Attachment 2: Protocols

Page 2-57

1. Do you have a lawyer or legal counsel?
Yes ....................................................................... 1
No ........................................................................ 2

2. Since you came to this facility, have you asked to see, call, or write to (your/a) lawyer or
legal counsel?
Yes ....................................................................... 1
No ........................................................................ 2

3. Since you have been here, have you been allowed to see, call, or write to (your/a) lawyer
or legal counsel?
Yes ....................................................................... 1
No ........................................................................ 2

Attachment 2: Protocols

Page 2-58

SECTION 2:

SC1. Since coming to this facility have you ever been confined in a separate room other
than your own room without contact with other youth?
Yes ....................................................................... 1
No ........................................................................ 2

SC2. What was the reason you were confined in a separate room, other than your own
room, without contact with other youth?
Yes

No

a. You were accused of or punished for breaking the
rules ...............................................................................

1

2

b. You were waiting to be moved to another unit or
facility.........................................................................

1

2

c. You were sick..............................................................
d. To protect you from harming yourself .........................

1
1

2
2

e. To protect you from being harmed by others ...............

1

2

SC4. Since coming to this facility, what was the longest time you were confined in a
separate room, other than your own room, without contact with other youth?
Less than 3 hours ................................................. 1
3 hours but less than 6 hours ................................ 2
6 hours but less than 1 day ................................... 3
1 day but less than 1 week ................................... 4
1 week or more ................................................... 5

Attachment 2: Protocols

Page 2-59

SC5. Since coming to this facility, have you been confined to your room for breaking
facility rules?
Yes ....................................................................... 1
No ........................................................................ 2

SC7. Since coming to this facility, what was the longest time you have been confined to
your room for breaking facility rules?
Less than 3 hours ................................................. 1
3 hours but less than 6 hours ................................ 2
6 hours but less than 1 day ................................... 3
1 day but less than 1 week ................................... 4
1 week or more ................................................... 5

Attachment 2: Protocols

Page 2-60

SECTION 3:

GA3. Are you a member of a gang in this facility?
Yes ....................................................................... 1
No ........................................................................ 2

GA4. When did you join this gang?
Since I got here .................................................... 1
Before I got here .................................................. 2

Attachment 2: Protocols

Page 2-61

GA7. Has a gang in this facility ever tried to recruit you?
Yes ....................................................................... 1
No ........................................................................ 2

GA8. Have you ever had to do or pay something to have gangs leave you alone?
Yes ....................................................................... 1
No ........................................................................ 2

Attachment 2: Protocols

Page 2-62

SECTION 4: PLEASE DO NOT CIRCLE ANY ANSWERS ON THIS PAGE

C1. The next questions are about drugs you may have taken on your own – that is, without
a doctor telling you to take them.
Have you ever used...
YES
n. Synthetic drugs (such as synthetic marijuana, K2, Spice,
fake weed, King Kong, Yucatan Fire, Skunk, bath salts) ........................ 1
o. Cough syrup to get high ............................................................................... 1

Attachment 2: Protocols

NO
2
2

Page 2-63

SECTION 5: PLEASE DO NOT CIRCLE ANY ANSWERS ON THIS PAGE

3. Still thinking just about this time that you had sexual contact with a staff member, was the staff
member who you had sexual contact with…
A staff member who directly supervises youth/correctional officer ........... 1
A teacher or educator .................................................................................. 2
Medical or mental health staff .................................................................. 3
Other staff working in the facility ............................................................... 4
A volunteer in the facility ........................................................................... 5

7.

Still thinking just about this time that you had sexual contact with a staff member, was there
anyone who knew what was happening?
Yes, other youth .............................................................. 1
Yes, other staff ................................................................ 2
Yes, both youth and staff .............................................. 3
No .................................................................................. 4

8. What were these other youth doing at the time?
They were helping make it happen ................................. 1
They were trying to stop it from happening.................... 2
They knew it was happening, but did nothing ................ 3

Attachment 2: Protocols

Page 2-64

DO NOT CIRCLE ANY ANSWERS TO THE QUESTIONS ON THIS PAGE
11. Did (this staff person/any of those staff persons) do any of the following AFTER this
happened?
Yes

No

1

2

1

2

1

2

1

2

Had sexual contact with you again...............................

1

2

m. Ignored you or stayed away from you ..........................

1

2

n. No change – the staff person treated me the same as
before. .........................................................................

1

2

h. Gave you gifts or money so that you would keep it a
secret ..............................................................................
i.

Threatened to hurt you so that you would keep it a
secret...........................................................................
j. Said he/she would blame it on you if you told
anyone ........................................................................
k. Said he/she would stop spending time with you if
you told anyone. ..........................................................
l.

12.

In the days after this happened, how did you feel about what happened?
Extremely upset...................................
Quite upset..........................................
A little upset.........................................
Not upset at all.....................................
Glad it happened .................................

13.

1
2
3
4
5

(IF Q12=1, 2 or 3) Did you feel any of the following ways after this happened?
YES
a.
b.
c.
d.
e.
f.
g.

Worried or anxious?...........................................................
Angry?...............................................................................
Sad or depressed?.............................................................
Vulnerable?........................................................................
Violated?...........................................................................
Like you couldn’t trust people?...........................................
Fearful?.............................................................................

Attachment 2: Protocols

1
1
1
1
1
1
1

NO
2
2
2
2
2
2
2

Page 2-65

DO NOT CIRCLE ANY ANSWERS TO THE QUESTIONS ON THIS PAGE
14.

(IF Q12=4 or 5) Did you feel any of the following ways after this happened? (NEW)

a. Like the staff member really cared about you.....................
b. Like you really cared about the staff member.....................
c. Like you had gotten what you wanted.................................
d. Like you would get something from the staff member
in return............................................................................
e. Like you were in control.....................................................
f. Like you wanted it to happen again....................................

15.

YES

NO

1
1
1

2
2
2

1
1
1

2
2
2

Have your feelings changed since the incident happened? (NEW)
YES.................................................... 1
NO...................................................... 2

16.

(IF Q15=1) Thinking about it now, how do you feel about what happened? (NEW)
Extremely upset...................................
Quite upset..........................................
A little upset.........................................
Not upset at all.....................................
Glad it happened .................................

Attachment 2: Protocols

1
2
3
4
5

Page 2-66

SECTION 6: PLEASE DO NOT CIRCLE ANY ANSWERS ON THIS PAGE

HV7. Before you came to this place, had anyone ever forced you to have any kind of
sexual contact?
YES.................................................... 1
NO...................................................... 2

HV8. Did any of this happen while you were in a corrections facility?
YES.................................................... 1
NO...................................................... 2

HV9.

Did any of this happen while you were being arrested or detained by a law
enforcement officer?
YES.................................................... 1
NO...................................................... 2

Attachment 2: Protocols

Page 2-67

SECTION 7:

TP2. Since coming to this facility, have you received counseling for drug or alcohol
problems?
Yes ....................................................................... 1
No ........................................................................ 2

TP3. When you received counseling for your drug or alcohol problems, what kind of
counseling was it?
Yes

No

e. Just you and the counselor ............................................

1

2

f.

Yourself and other youths with a counselor ...............

1

2

g. Yourself and your family with a counselor ..................

1

2

h. Other ...........................................................................

1

2

TP4. How helpful was the counseling for your drug or alcohol problems?
Very helpful ......................................................... 1
Somewhat helpful ................................................ 2
Not very helpful ................................................... 3

Attachment 2: Protocols

Page 2-68

TP5. Since coming to this facility, have you received counseling to help you deal with any
of your feelings and emotions?
Yes ....................................................................... 1
No ........................................................................ 2

TP6. When you received counseling about your feelings and emotions, what kind of
counseling was it?
Yes

No

e. Just you and the counselor ............................................

1

2

f.

Yourself and other youths with a counselor ...............

1

2

g. Yourself and your family with a counselor ..................

1

2

h. Other ...........................................................................

1

2

TP7. Since coming to this facility, how often did you receive counseling about your feelings
and emotions?
Never.................................................................... 1
Less than once a month ........................................ 2
About once a month ............................................. 3
A few times each month ...................................... 4
Once a week ......................................................... 5
Twice a week ....................................................... 6
Three or more times a week ................................. 7
Other .................................................................... 8

TP8. When did you last receive counseling about your feelings and emotions?
Today or yesterday............................................... 1
Within the last week ............................................ 2
Within the last three weeks .................................. 3
Within the last month........................................... 4
More than one month ago .................................... 5

Attachment 2: Protocols

Page 2-69

SECTION 8:

GI1. What sex were you assigned at birth, on your original birth certificate?
Male ..................................................................... 1
Female.................................................................. 2

GI2. Do you currently describe yourself as male, female or transgender?
Male ..................................................................... 1
Female.................................................................. 2
Transgender ......................................................... 3
None of these ....................................................... 4
Not sure ................................................................ 5

(IF YOU ARE MALE:)
GI3. Do you consider yourself...
Gay ....................................................................... 1
Straight, that is, not gay ...................................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

(IF YOU ARE FEMALE:)
GI3. Do you consider yourself...
Lesbian or gay ...................................................... 1
Straight, that is, not lesbian or gay ...................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

GI4.

People are different in their sexual attraction to other people. Which best describes
your feelings?
Only attracted to males ........................................ 1
Mostly attracted to males ..................................... 2
Equally attracted to females and males ................ 3
Mostly attracted to females .................................. 4
Only attracted to females ..................................... 5
Not sure ................................................................ 6

Attachment 2: Protocols

Page 2-70

NSYC-3
Items for Cognitive Testing Non-Facility Youth

Attachment 2: Protocols

Page 2-71

GI1. What sex were you assigned at birth, on your original birth certificate?
Male ..................................................................... 1
Female.................................................................. 2

GI2. Do you currently describe yourself as male, female or transgender?
Male ..................................................................... 1
Female.................................................................. 2
Transgender ......................................................... 3
None of these ....................................................... 4
Not sure ................................................................ 5

(IF YOU ARE MALE:)
GI3. Do you consider yourself...
Gay ....................................................................... 1
Straight, that is, not gay ...................................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

(IF YOU ARE FEMALE:)
GI3. Do you consider yourself...
Lesbian or gay ...................................................... 1
Straight, that is, not lesbian or gay ...................... 2
Bisexual ............................................................... 3
Something else ..................................................... 4
Not sure ................................................................ 5

GI4.

People are different in their sexual attraction to other people. Which best describes
your feelings?
Only attracted to males ........................................ 1
Mostly attracted to males ..................................... 2
Equally attracted to females and males ................ 3
Mostly attracted to females .................................. 4
Only attracted to females ..................................... 5
Not sure ................................................................ 6

Attachment 2: Protocols

Page 2-72

DI1.

Because of a physical, mental or emotional problem, do you have serious difficulty
concentrating, remembering, or making decisions?
YES.................................................... 1
NO...................................................... 2

DI2.

Is the difficulty you experience because of a physical problem?
YES.................................................... 1
NO...................................................... 2

DI3.

Is the difficulty you experience because of a mental or emotional problem?
YES.................................................... 1
NO...................................................... 2

Attachment 2: Protocols

Page 2-73

Attachment 3: Consent and Assent Forms
•
•
•
•
•

Facility Youth Assent Form (Page 3-2)
Facility Young Adult Consent Form (Page 3-3)
Non-Facility Parental Consent Form (Page 3-4)
Non-Facility Youth Assent Form (Page 3-6)
Non-Facility Young Adult Consent Form (Page 3-8)

National Survey of Youth in Custody – Youth Assent Form
The U.S. Department of Justice is doing a special study called the National Survey of Youth in Custody to
learn more about what it is like for young people living in correctional facilities. The government will use the
study to see if changes need to be made at facilities like this.
I would like you to help with this study by showing you some of the questions that we would like to add to that
survey. I am interested in whether you understand the questions. If you agree, we will spend about one hour
talking about the questions. The questions cover a variety of topics about what things are like at this facility,
relationships between youth, and questions about the staff here.
Some of the questions ask about rules and behaviors that might involve sexual activity. For these questions, I
will ask you not to actually answer the questions or talk about yourself or anyone else here. I only want to find
out if the questions make sense to you.
You do not have to take part in this study – your participation is completely voluntary. Your decision will not
affect your case or the services that you get in any way.
If you agree to take part, you can stop answering questions at any point. If there is a question that you do not
want to talk about, you can skip it.
To help keep everything private:
•
•
•

I will not ask for your name.
Everything that you say will be confidential – that is, no one will know your answers.
But there is one important exception to the privacy rule. If you tell me about any abuse or harm to
you or another youth, it will be reported to the government agency that investigates these kinds of
problems.

There are no direct benefits to participating, but your answers will help us improve the survey. Some of the
questions that we will ask you to talk about ask about private and sensitive things and may bother you. If
thinking about the questions upsets you or makes you sad, you may want to talk with a counselor at the
facility. If you do not want to talk to a counselor who works here, arrangements can be made to talk with a
counselor who does not work at the facility.
If you have any questions about the study or about your rights as a study participant, you can talk to
(FACILITY CONTACT NAME) at (FACILITY NAME) or you can call Susan Cross, the project coordinator,
at 1-800-937-8182, ext. 2664. If you have questions about your rights as a study participant, you can call
Sharon Zack from the Westat Human Subjects Protections office at 1-800-937-8281, ext. 8828.
Do you have any questions?

RESEARCHER: Indicate youth’s choice by checking one of the boxes below and signing and dating the form.
Yes, youth agreed to talk about questions that might be asked on a national survey.
No, youth did not agree.

__________________________________
Researcher signature

Attachment 3: Consent and Assent Forms

_____________________________________
Date

3-2

National Survey of Youth in Custody – Young Adult Consent Form
The U.S. Department of Justice is doing a special study called the National Survey of Youth in Custody to
learn more about what it is like for young people living in correctional facilities. The government will use the
study to see if changes need to be made at facilities like this.
I would like you to help with this study by showing you some of the questions that we would like to add to that
survey. I am interested in whether you understand the questions. If you agree, we will spend about one hour
talking about the questions. The questions cover a variety of topics about what things are like at this facility,
relationships between youth, and questions about the staff here.
Some of the questions ask about rules and behaviors that might involve sexual activity. For these questions, I
will ask you not to actually answer the questions or talk about yourself or anyone else here. I only want to find
out if the questions make sense to you.
You do not have to take part in this study – your participation is completely voluntary. Your decision will not
affect your case or the services that you get in any way.
If you agree to take part, you can stop answering questions at any point. If there is a question that you do not
want to talk about, you can skip it.
To help keep everything private:
•
•
•

I will not ask for your name.
Everything that you say will be confidential – that is, no one will know your answers.
But there is one important exception to the privacy rule. If you tell me about any abuse or harm to
you or another youth, it will be reported to the government agency that investigates these kinds of
problems.

There are no direct benefits to participating, but your answers will help us improve the survey. Some of the
questions that we will ask you to talk about ask about private and sensitive things and may bother you. If
thinking about the questions upsets you or makes you sad, you may want to talk with a counselor at the
facility. If you do not want to talk to a counselor who works here, arrangements can be made to talk with a
counselor who does not work at the facility.
If you have any questions about the study or about your rights as a study participant, you can talk to
(FACILITY CONTACT NAME) at (FACILITY NAME) or you can call Susan Cross, the project coordinator,
at 1-800-937-8182, ext. 2664. If you have questions about your rights as a study participant, you can call
Sharon Zack from the Westat Human Subjects Protections office at 1-800-937-8281, ext. 8828.
Do you have any questions?

Please indicate your choice by checking one of the boxes below and signing and dating the form.
Yes, I agree to talk about questions that might be asked on a national survey.
No, I do not agree.

__________________________________
Participant signature

Attachment 3: Consent and Assent Forms

_____________________________________
Date

3-3

Non-Facility Parental Consent Form
RE: ______________________________________________
Name of Youth

The U.S. Department of Justice is getting ready to conduct a national survey of youth. Before the study begins,
we are talking to youth about some questions that might be added to the survey.
We would like your child’s help by showing him/her some of the new questions that we would like to add to
the survey. These questions will be used to collect data on gender identity and sexual orientation and health
topics. We are interested in whether your child understands the questions and if they make sense him/her. This
will help us figure out whether the questions are clear and whether youth will understand them.
We would like your permission to ask your child to participate in the interview. If you (and your child) agree,
he/she will spend about 30 minutes talking with a Westat researcher about the questions and will receive $25
when we are finished.
It is entirely up to you whether we can ask your child to participate, and then it is up to your child – your child
does not have to do this. If your child agrees to do the survey, he/she can stop answering questions at any
point. If there is a question that your child does not want to talk about, he/she can skip it.
In order to have a complete record of all comments, the interview session will be audio-recorded. Recordings
allow us to carefully review the discussion and draw the proper conclusions.
To help keep everything private:
• Your child’s name will not be recorded on the interview notes or reported in any reports.
• Everything that he/she says will be confidential – that is, no one will know your child’s answers.
• But there is one important exception to the privacy rule. If your child tells me about any abuse or
harm to him/her or another youth, it will be reported to the government agency that investigates these
kinds of problems.
There are no known benefits to taking part, but their answers will help us improve the survey. Some of the
questions may seem private or sensitive, and may bother your child. If thinking about the questions upsets or
makes your child sad, he/she may want to talk with a counselor. If he/she would like to talk to a counselor, we
have provided a list of resources on the back of this form and will also provide those resources to your child.
If you have any questions about the study, you can call Susan Cross, the project coordinator,, at 1-800-9378182, ext. 2664. If you have questions about your rights as a study participant, you can call Westat Human
Subjects Protections office at 1-888-920-7631. Please leave a message with your full name, the name of the
research study that you are calling about, the National Survey of Youth in Custody, and a phone number
beginning with the area code. Someone will return your call as soon as possible.
Please indicate your choice by checking one of the boxes below and signing and dating the form.
Yes, I give my permission for you to ask my child to meet with a Westat researcher to talk about
questions that might be asked on a national survey and agree that the interview can be recorded.
Yes, I give my permission for you to ask my child to meet with a Westat researcher to talk about
questions that might be asked on a national survey but do not want the interview to be recorded.
No, I do not give you permission to talk with my child.

___________________________________
Your signature

Attachment 3: Consent and Assent Forms

_____________________________________
Date

3-4

Youth Resources
The Gay, Lesbian, Bisexual and Transgender (GLBT) Youth Talkline
Telephone: 1-800-246-7743
Email: [email protected]
Website: http://www.glbthotline.org/
Hours: Monday thru Friday from 4pm to midnight, EST
Saturday from noon to 5pm, EST
The Trevor Project
Telephone: 1-866-488-7386
Website: http://www.thetrevorproject.org/
Hours: 24 hours a day, 7 days a week
It Gets Better Project
http://www.itgetsbetter.org/
LGBT Youth and Parent Resources – Center for Disease Control (CDC)
http://www.cdc.gov/lgbthealth/youth-resources.htm
The Metro DC GLBT Community Center
http://www.thedccenter.org/resources_youth.html

Attachment 3: Consent and Assent Forms

3-5

Non-Facility Youth Assent Form
The U.S. Department of Justice is getting ready to conduct a national survey of youth. Before the study begins,
we are talking to youth about some questions that might be added to the survey.
We would like your help today by showing you some of the new questions that we would like to add to the
survey. These questions will be used to collect data on gender identity, sexual orientation and health topics.
We are interested in your feedback on the questions. This will help us figure out whether the questions are
clear and whether youth will understand them.
If you agree to participate, we will spend about 30 minutes talking about the questions and you will receive
$25 when we are finished.
You do not have to take part in this study – your participation is completely voluntary. If you agree to take
part, you can stop answering questions at any point. If there is a question that you do not want to talk about,
you can skip it.
In order to have a complete record of all comments, the interview session will be audio-recorded. Recordings
allow us to carefully review the discussion and draw the proper conclusions.
To help keep everything private:
•
•
•

Your name will not be recorded on the interview notes or reported in any reports.
Everything that you say will be confidential – that is, no one will know your answers.
But there is one important exception to the privacy rule. If you tell me about any abuse or harm to
you or another youth, it will be reported to the government agency that investigates these kinds of
problems.

There are no known benefits for you to take part, but your answers will help us improve the survey. Some of
the questions may seem private or sensitive, and may bother you. If thinking about the questions upsets you or
makes you sad, you may want to talk with a counselor. If you would like to talk with a counselor, we have
provided you a list of resources on the back of this form.
If you have any questions about the study, you can call Susan Cross, the project coordinator, at 1-800-9378182, ext. 2664. If you have questions about your rights as a study participant, you can call Westat Human
Subjects Protections office at 1-888-920-7631. Please leave a message with your full name, the name of the
research study that you are calling about, the National Survey of Youth in Custody, and a phone number
beginning with the area code. Someone will return your call as soon as possible.
Do you have any questions?
RESEARCHER: Indicate youth’s choice by checking one of the boxes below and signing and dating the form.
Yes, youth agreed to talk about questions that might be asked on a national survey and parent/youth
both agreed to be recorded.
Yes, youth agreed to talk about questions that might be asked on a national survey but parent or youth
did not agree to be recorded.
No, youth did not agree.

___________________________________
Researcher signature

Attachment 3: Consent and Assent Forms

_____________________________________
Date

3-6

Youth Resources
The Gay, Lesbian, Bisexual and Transgender (GLBT) Youth Talkline
Telephone: 1-800-246-7743
Email: [email protected]
Website: http://www.glbthotline.org/
Hours: Monday thru Friday from 4pm to midnight, EST
Saturday from noon to 5pm, EST
The Trevor Project
Telephone: 1-866-488-7386
Website: http://www.thetrevorproject.org/
Hours: 24 hours a day, 7 days a week
It Gets Better Project
http://www.itgetsbetter.org/
LGBT Youth and Parent Resources – Center for Disease Control (CDC)
http://www.cdc.gov/lgbthealth/youth-resources.htm
The Metro DC GLBT Community Center
http://www.thedccenter.org/resources_youth.html

Attachment 3: Consent and Assent Forms

3-7

Non-Facility Young Adult Consent Form
The U.S. Department of Justice is getting ready to conduct a national survey of youth. Before the study begins,
we are talking to young people about some questions that might be added to the survey.
We would like your help today by showing you some of the new questions that we would like to add to the
survey. These questions will be used to collect data on gender identity, sexual orientation, and health topics.
We are interested in your feedback on the questions. This will help us figure out whether the questions are
clear and whether young people will understand them.
If you agree to participate, we will spend about 30 minutes talking about the questions and you will receive
$25 when we are finished.
In order to have a complete record of all comments, the interview session will be audio-recorded. Recordings
allow us to carefully review the discussion and draw the proper conclusions.
You do not have to take part in this study – your participation is completely voluntary. If you agree to take
part, you can stop answering questions at any point. If there is a question that you do not want to talk about,
you can skip it. In order to have a complete record of all comments, the interview session will be audiorecorded. Recordings allow us to carefully review the discussion and draw the proper conclusions.
To help keep everything private:
•
•
•

Your name will not be recorded on the interview notes or reported in any reports.
Everything that you say will be confidential – that is, no one will know your answers.
But there is one important exception to the privacy rule. If you tell me about any abuse or harm to
you or another person, it will be reported to the government agency that investigates these kinds of
problems.

There are no known benefits for you to take part, but your answers will help us improve the survey. Some of
the questions may seem private or sensitive, and may bother you. If thinking about the questions upsets you or
makes you sad, you may want to talk with a counselor. If you would like to talk with a counselor, we have
provided you a list of resources on the back of this form.
If you have any questions about the study, you can call Susan Cross, the project coordinator, at 1-800-9378182, ext. 2664. If you have questions about your rights as a study participant, you can call Westat Human
Subjects Protections office at 1-888-920-7631. Please leave a message with your full name, the name of the
research study that you are calling about, the National Survey of Youth in Custody, and a phone number
beginning with the area code. Someone will return your call as soon as possible.
Do you have any questions?
Please indicate your choice by checking one of the boxes below and signing and dating the form.
Yes, I agree to talk about questions that might be asked on a national survey and to be recorded.
Yes, I agree to talk about questions that might be asked on a national survey but do not agree to be
recorded.
No, I do not agree.

___________________________________
Participant signature

Attachment 3: Consent and Assent Forms

_____________________________________
Date

3-8

Resources
The Gay, Lesbian, Bisexual and Transgender (GLBT) Youth Talkline
Telephone: 1-800-246-7743
Email: [email protected]
Website: http://www.glbthotline.org/
Hours: Monday thru Friday from 4pm to midnight, EST
Saturday from noon to 5pm, EST
The Trevor Project
Telephone: 1-866-488-7386
Website: http://www.thetrevorproject.org/
Hours: 24 hours a day, 7 days a week
It Gets Better Project
http://www.itgetsbetter.org/
LGBT Youth and Parent Resources – Center for Disease Control (CDC)
http://www.cdc.gov/lgbthealth/youth-resources.htm
The Metro DC GLBT Community Center
http://www.thedccenter.org/resources_youth.html

Attachment 3: Consent and Assent Forms

3-9

Date:

December 29, 2010

To:

John Hartge, Project Director

From:

Kerry Levin; Chair, Westat IRB

Subject:

Full Approval of NATIONAL PRISON RAPE (NYSC2), Project Number 8733
FWA5551

On Tuesday, December 14th, 2010 the NATIONAL PRISON RAPE (NYSC2), Project Number 8733,
was presented to the full Board. Pursuant to 45 CFR pt. 46, the IRB reviews all studies involving research
on human subjects. The Bureau of Justice Statistics (BJS) funds this study.
This request was to review and approve the second National Study on youth in Custody (NSYC-2). Westat
completed NYSC1 in 2010; approximately 10,000 youth completed surveys in 195 state-owned and privately
owned juvenile facilities.
In NYSC2 , Westat will implement similar data collection and analysis procedures as was conducted in
NYSC1.
During the discussion, the following information was provided to the Board:
Initially, a brief report of the NYSC1 findings was presented as well as a description of the lessons
learned. The selection of findings is reported below:
o 50% of the interviews conducted used in loco parentis (ILP) in place of parent/guardian
permission. No reports of complaints or incidents were documented.
o 12% of parents contacted refused permission for their youth to participate in the study.
Refusal conversion was not conducted.
o 33% of facilities in the study provided insufficient information to contact parents.
o 99.5% of the youth participants reported comprehending the key elements of consent.
o 86% of youth participants reported feeling that their information would remain confidential.
o ~25% of the youth reported finding something upsetting about the survey. This statistic was
found regardless of the type of survey completed (i.e., sex, drugs).
Design changes for the NYSC2 study were discussed and included the following main points:
o Earlier release of the results of the study to the facilities.
o Increase the sample size by 15 to 20%.

o Utilize additional procedures such as on-line searches to obtain parent contact information
when facilities cannot provide addresses.
o Add new survey questions (e.g., whether youth knew the rules for reporting sexual contact,
who initiated the contact, and if youth thought that the contact was part of a close
relationship).
The Board inquired whether the BJS adopted the Common Rule and they do. The Common Rule is
a set of core regulations, adopted by 17 Departments and Agencies in 1991. The regulations, 28 CFR
Part 46 for DOJ, set up procedures to establish and operate an Institutional Review Board (IRB) to
review human subjects research.
A Board member inquired about the study’s data destruction date. The project team explained that
there will be two types of identifiable data, the identifiable information to track parents to collect
informed consent as well as the youth participant survey data. This is a de-identified double blind
study with a three ID system set up to prevent any opportunity to re-identify the data. The project
team will destroy the data as soon as possible, most likely before the data analysis begins and will not
be linkable to any analytic results.
The Board inquired as to why the risks and benefits’ sections were excluded from the informed
consent forms. First, the project team believed that they addressed the issues related to risks by
telling youth that they may request the services of a facility or an external counselor. Further, the
project team has included mandatory reporting language in this study that is identical to the language
used in NYSC1. Second, since there are no direct benefits to youth participants in this study, the
project team believed that communicating the concept of potential indirect benefits would be
difficult, and that little would be gained from any attempt to describe this to them.
Action Requested: Review protocol, pre-notification letters, informed consent and assent forms,
instruments, and accompanying materials.
Action Taken: Per 45 CFR 46, the Westat IRB determined that this research met criteria for classification
as minimal risk and assigned it a conditional approval. For: 8; Against: 0; Abstain: 0.
The following is a list of questions and comments that resulted from the discussion between the research
team and the Board as well as the research team’s responses.
Protocol/Procedures
1. Describe procedures to be used for conducting on-line searches for parents/guardians when a facility
cannot supply adequate addresses to mail consent packets. (Page 24)
Project Response: The project summary provides a description of the conditions under which a search
would be conducted, including the search engine that will be used, and the procedures that will be followed
once any new contact information is obtained. (Pages 14-15 of the revised project summary)
2. State that the outcome of the call to a parent/guardian is to either record verbal consent or refusal
regarding the youth’s participation in the study. (Page 24)

2

Project Response: Text was added in the project summary to clarify the fact that some cases will be
assigned for prompting calls and others will be assigned for verbal consent calls. Text was also revised to
better explain that only recordings of calls resulting in a “consent given” status will be reviewed. (Page 13 of
revised Project Summary)
“When interviewers contact parents/guardians to request verbal consent, they will read a scripted version of
the consent form designed for telephone delivery (Appendix B). If the intention of the call is to request
consent (rather than prompt), as soon as the interviewer determines that the parent/guardian is on the
telephone, he/she will ask permission to record the conversation. All recordings of calls that an interviewer
codes as “consent received” will be reviewed to confirm that proper procedures were implemented and that
the outcome of the call was properly coded. Calls that result in a refusal will not be reviewed. No refusal
conversion efforts (i.e., call backs to those who refuse consent) will be attempted.”
3. Describe procedures to ensure interviewer availability throughout the field period (e.g. use of cell
phones).
Project Response: All field staff will carry cell phones throughout the data collection.
4. Under the third paragraph on page 12, replace the word “experienced” with “reported experiencing.”
Project Response: Done
5. Provide more details about the information included in the interviewer’s human subjects protections
trainings prior to performing the following procedures:
Obtaining documented informed consent from parents/guardians for their youth to participate by
facility staff. (Page 23)
Obtaining verbal parent permission by telephone interviewers. (Page 24)
Obtaining verbal youth assent by field interviewers. (Page 25)
Conducting the youth survey by field interviewers. (Page 26)
Project Response:
Obtaining documented informed consent from parents/guardians for their youth to participate by
facility staff. (Page 15 of revised Project Summary)
The interviewer’s human subjects protections training will cover the following topics:
All facility staff engaged in contacting parents/guardians regarding consent will receive training on human
subjects protections. As was done in NSYC-1, Westat senior project staff will conduct a training session by
telephone with facility staff. Training of Westat staff will follow standard protocols used by the Telephone
Research Center for interviewers working from their homes. Sessions will address the following topics:
Parents/guardians need to be fully informed before making a decision. Information provided must
include what the study is about, who is sponsoring the study, and how it will be administered.
3

Staff should be sensitive to how parents/guardians react to the request for consent and understand
that no attempts will be made to convert a refusal.
Parents/guardians have a right to talk to the youth prior to consenting and youth will have the right
to refuse to participate.
There will be no effect on services or treatment of youth if parents/guardians (or youth) refuse.
Study staff will comply with state mandatory reporting requirements if the youth makes a verbal
statement to the survey administrator regarding any abuse or harm to him/her or another child
Obtaining verbal parent permission. (Pages 15-16 of revised Project Summary)
Westat interviewers will also receive training on the procedures for recording calls aimed at collecting verbal
consent. This will include discussion of the fact that all consent calls will be recorded (if the
parent/guardian agrees), and the procedures for asking the parent/guardian for consent to record the call
and what to do if the parent/guardian refuses to be recorded. Training will also address the fact that all
consent recordings will be reviewed by project staff to ensure that the consent procedures were followed
and that the documented consent decision reflects the parent/guardian’s wishes as stated in the recording.
Obtaining verbal youth assent. (Pages 16-17 of revised Project Summary)
NSYC-2 will follow the same procedures to contact and obtain assent from youth as were used in NSYC-1.
Monitors will receive training on issues related to human subjects protections and will become familiar with
the procedures used to inform youth of their rights and assess their comprehension of the study purpose,
procedures, their risks, and rights as participants. Training will address the following topics:
Confidentiality of youth data, including their obligations under the Westat Confidentiality Pledge
and the BJS Privacy Agreement, the prohibition on asking youth their name or other identifying
information, and the restrictions on discussing the study experiences with anyone other than their
supervisors.
Compliance with state mandatory reporting requirements, including the requirement to follow
predetermined facility-specific procedures when a youth makes a verbal statement suggesting abuse
or harm of a resident.
Verification of youth eligibility, including restrictions and procedures related to overriding the date
of birth recorded in the survey management system such that consent status might be changed.
Procedures used to assess youth comprehension of the key elements of assent and acceptable
responses to questions the youth might have about the elements reflected in the assent materials.
Conducting the youth survey. (Page 22 of revised Project Summary)
Monitors will receive training on how to protect the youths’ privacy and observe the youth for emotional
upset during the interview session. For example, the monitors will be instructed on how to assist the youth
if they have questions about specific survey items. This will help prevent a monitor from learning the
youth’s survey responses as revealed by the routing through the questionnaire (i.e., skip pattern). In
addition, monitors will be trained to remain continually alert to the youth’s affect as it may be conveyed in
comments, utterances, or body language. These observations may help identify youth in distress and lead
the monitor to ask if the youth would like to speak to a counselor.
4

-

Informed Consent Process
6. Make the following requests for waivers or modifications of informed consent:
1.
2.
3.
4.

Accepting a waiver of documentation of informed consent from parents/guardians.
Accepting verbal assent from youth participants.
Omitting a statement on “Benefits” from the informed consent and assent process.
Accepting only one parent’s permission for youth participation in the study.

Project Response: Text was added to reflect requests for waivers and modifications to consent regulations.
1. As with NSYC-1, a waiver of documentation of informed consent from parents/guardians is
requested as many states do not permit Westat to have possession of youth names and the names
must appear on the consent forms. In addition, since Westat (and some facilities) sometimes collect
verbal consent by telephone, documentation is not always possible.
2. To protect the confidentiality of the youth, field staff is not permitted to collect the names of youth.
3. Since there are no direct benefits to youth participants in this study and communicating the concept
of potential indirect benefits would be difficult, the project team believes that little would be gained
from any attempt to describe this to them. Therefore, a waiver to omit this element is requested.
4. The primary reason for requesting consent from one parent is again related to the likely inability to
locate both parent/guardians. NSYC-1 demonstrated that locating one parent/guardian was very
difficult and often impossible. The prospect of contacting both would have serious implications for
the project team’s ability to conduct the study.
7. In the Parent Permission Form, replace the phrase “legal certificate” with another phrase that more
accurately describes the confidentiality agreement that the project team signs to be on this study. (Page 43)
Project Response: “All of the researchers working on this study have signed a legal certificate document
saying that they will protect your child’s privacy and not to tell anyone anything that he/she has said.
Anyone who intentionally breaks this promise would lose their job and might face criminal charges.” (Pages
B4 and B7 of the revised informed consent materials)
Action Taken: Per 45 CFR 46, this project meets criteria for classification as minimal risk and is assigned a
full approval.
As the Project Director you are responsible for the following:
You are required to submit this study for a continuing review on or before December 14, 2011.
In the interim, you are responsible for notifying the IRB Office as soon as possible if there are any
injuries to the subjects, problems, or changes to the study design that relate to human subjects.
cc:
5

Institutional Review Board
Mark Freedman

Attachment 5: Recruitment Screener and Ad for Non-Facility
Interviews
•
•

Recruitment Screener (Page 5-2)
Advertising Language for LGBT Recruitment (Page 5-9)

National Survey of Youth in Custody (NSYC-3)
SOGI Interviews Recruitment Screener

Target Population:
•

Recruit a total of 20 youth (ages 12 to 21) who are gay, lesbian, bisexual, or transgender
(LGBT) or who have a close family member or close friend who is LGBT

•

Recruit a mix of
o Ages
o Genders
o Sexual orientation
o Race/ethnicity
o Education levels

INTRODUCTION:
Hello, my name is ______________ and I work for Westat, a social science research organization in
Rockville, Maryland.
Thank you for your interest in the research project we are doing for the Bureau of Justice Statistics.
The purpose of the interviews is to test survey questions on sexual orientation, gender identity, and
health topics among youth and young adults ages 12 to 21.
[TAILOR QUESTIONS TO PERSON ON THE PHONE – YOUNG ADULT, PARENT
OR YOUTH]
May I ask you a few questions about [you/your child] to see if [you/they] qualify to participate?
[IF NO]: GO TO END / THANK AND TERMINATE (“Thank you anyway for your time
today, and have a great day.”)
[IF YES, CONTINUE]: .
1. [Are you/Do you have any children] between the ages of 12 and 21?
____ Yes→ Continue
____ No → Thank and terminate
2. We are specifically looking to test these survey items with lesbian, gay, bisexual, or
transgender youth. [Are you/Do you have a child who is]....
____ Gay → Go to #5
____ Lesbian → Go to #5
____ Bisexual → Go to #5
____ Transgender → Go to #5
Attachment 5: Recruitment Screener and Ad for Non-Facility Interviews

Page 5-2

____ Not sure → Continue
____ No, [I am not/none of my children are] LGBT → Continue
3. Are any immediate members of [your/your child’s] family lesbian, gay, bisexual, or
transgender, such as a parent, sibling, or grandparent?
____ Yes → Continue
____ No → Continue
____ Not sure → Continue
4. Are any of [your/your child’s] close friends lesbian, gay, bisexual, or transgender?
____ Yes → Continue
____ No → Continue
____ Not sure → Continue
[IF YES TO EITHER Q3 OR Q4, CONTINUE. ELSE TERMINATE INTERVIEW]

5. What is [your/your child’s] age? ___________
[IF AGES 12 TO 21, CONTINUE. ELSE TERMINATE INTERVIEW]
6. What is [your/your child’s] gender?
____ Male → Continue
____ Female → Continue
____ Transgender → Continue

Attachment 5: Recruitment Screener and Ad for Non-Facility Interviews

Page 5-3

7. What is the last or highest grade that [you have/your child has] finished in school? [Do
not read options.]
____ Elementary school (Grades 1-6) → Continue
____ Middle School → Continue
____ 7th grade
____ 8th grade
____ High school -→ Continue
____ 9th grade (Freshman)
____ 10th grade (Sophomore)
____ 11th grade (Junior)
____ 12th grade (Senior)
____ Some college, but did not receive a degree → Continue
____ Associates degree → Continue
____ Bachelor’s degree → Continue
____ High than a bachelor’s degree → Continue
8. [Are you/Is your child] of Hispanic or Latino origin or descent?
____ Yes, Hispanic or Latino → Continue
____ No, not Hispanic or Latino → Continue
9. Which one or combination of the following best describes [your/your child’s] race?
Would you say… INTERVIEWER: RECRUIT MIX OF RACES
Read options and code all that apply.
____ White → Continue
____ Black or African American → Continue
____ Asian → Continue
____ Native Hawaiian or other Pacific Islander → Continue
____ Native American or Alaskan Native → Continue
____ Other (Write response: _______________ ) → Continue
10. What is [your/your child’s] first name? _________________________________
Attachment 5: Recruitment Screener and Ad for Non-Facility Interviews

Page 5-4

11. What is the best way for us to contact you?
Email address: ______________________________________
Phone number: ______________________________________
12. Will [you/your child] be available during the week of [INSERT DATES]?
____YES → Continue to Question 3
____ NO → Thank and end call
13. Will [you/your child] be able to travel to Westat’s campus in Rockville, MD? Westat is
located at 1600 Research Blvd. and is near a bus line, but not near a metro station. We
have plenty of parking.
____YES → Continue to Question 4
____ NO → Thank and end call
[IF YOU ARE SPEAKING TO THE PARENT AND THE CHILD IS ELIGIBLE,
SCHEDULE INTERVIEW AND SEND CONSENT FORM. IF YOU ARE SPEAKING
TO A YOUNG ADULT, AGES 18 TO 21, SCHEDULE INTERVIEW.]
Thank you. We are interested in interviewing [you/your child] for this study. If [you/you and your
child both] agree to participate, what date and time of day would work best for [you/your child]?

DATE: __________________________________
TIME: __________________________________
[IF SPEAKING TO THE PARENT] We will also need you to sign a consent form. I will send
you the form via email. After you have reviewed and signed the form, you can return it to us via
email, fax, or you can have your child bring it to the interview. Thank you! Please look for an email
from Westat later today.

Attachment 5: Recruitment Screener and Ad for Non-Facility Interviews

Page 5-5

[ASK ONLY OF YOUTH PARTICIPANTS UNDER THE AGE OF 18]
7. Since you are under the age of 18, we will need the consent of your parent or guardian
before you can be interviewed.
Is your parent/guardian there?
[IF YES]: Can we speak with them right now?
[IF YES: GO TO PARENT SCRIPT BELOW]
[IF NO: ASK FOR PHONE NUMBER]
[IF NO]: Can you provide us with their name and phone number so we can call them?
[IF YES]: Parent name: _________________________
Phone number: ________________________
Thank you. We will contact your parent/guardian to discuss the study and obtain
their consent. If they agree to let you participate, we will contact you again to
schedule the interview.
[IF NO: Thank and end call.]

Attachment 5: Recruitment Screener and Ad for Non-Facility Interviews

Page 5-6

PARENT PHONE SCRIPT
Hello, my name is ______________ and I work for Westat, a survey research organization in
Rockville, Maryland.
Your [son/daughter] has responded to our advertisement seeking interview participants for a study
we are conducting on behalf of the Bureau of Justice Statistics. The purpose of the interviews is to
test survey questions that will collect data on gender identity, sexual orientation, and health topics.
We would like your child’s help with the study by showing him/her some of the new questions that
we would like to add to that survey. We are interested in whether your child understands the
questions and if they make sense him/her. This will help us figure out whether the questions are
clear and whether youth will understand them.
Since your child is under the age of 18, we will need your permission before they can participate in
the interview. If you (and your child) agree, he/she will spend about 30 minutes talking with the
researcher about the questions and will receive $25 when we are finished.
It is entirely up to you whether we can ask your child to participate, and then it is up to your child –
your child does not have to do this.
If your child agrees to do the survey, he/she can stop answering questions at any point. If there is a
question that your child does not want to talk about, he/she can skip it.
To help keep everything private:
•
•
•

The Westat researcher who meets with your child will not ask for your child’s name.
Everything that he/she says will be confidential – that is, no one will know your child’s
answers.
But there is one important exception to the privacy rule. If your child tells me about any
abuse or harm to him/her or another youth, it will be reported to the government agency
that investigates these kinds of problems.

There are no known benefits to taking part, but their answers will help us improve the survey.
Some of the questions may seem private or sensitive, and may bother your child. If thinking about
the questions upsets or makes your child sad, he/she may want to talk with a counselor. If he/she
would like to talk to a counselor, we will provide a list of resources at the end of the interview.
We would like to send you a consent form that details the study and your child’s rights as a research
participant. If you agree to let your child meet with one of the researchers, we will need you to sign
the form and return it to us via email or fax.
Are you willing to let your child participate in this study?
[IF YES]: Thank you. We will send you the consent form that contains all of the information we
just discussed. Please review the form and email it back to us or have your child bring it with them
to the interview. What email address would you like us to send it to?

Attachment 5: Recruitment Screener and Ad for Non-Facility Interviews

Page 5-7

Email address: _____________________________
[IF NO: Thank and end call.]

CONSENT FORM EMAIL TEXT
TO PARENT OR GUARDIAN OF ____________
Thank you for your interest in the research project we are doing for the Bureau of Justice Statistics.
Attached you will find the parental consent form for the study. Please review this form thoroughly.
If you agree to let your child participate, sign and date the form. Your child will also be asked if
(he/she) agrees to participate in the interview. You can return the form to us by email at [INSERT
EMAIL ADDRESS] or by fax at [INSERT FAX NUMBER], or your child may bring the consent
form to the scheduled interview. We will only conduct the interview if we have received your signed
form and if your child agrees to participate.
Please let me know if you have any questions by emailing me at [EMAIL ADDRESS] or calling
[TOLL-FREE NUMBER].
Thank you,

Attachment 5: Recruitment Screener and Ad for Non-Facility Interviews

Page 5-8

Advertising Language for LGBT Recruitment

Headline: Youth and Young Adults Ages 12-21 Needed to Test LGBT Survey Items – Receive $25 for 30
Minutes
Westat, a social science research company in Rockville, MD is looking to recruit youth and young adults
ages 12 to 21 who are gay, lesbian, bisexual or transgender (LGBT) or who have close family members or
friends who are LGBT to participate in a 30-minute in-person interview. We are seeking a cross section of
ages and races to participate in the interviews. We are developing some survey questions on sexual
orientation, gender identity, and health topics for a national study being conducted by the Bureau of
Justice Statistics. We will be testing the questions in one-on-one interviews to be held at Westat’s offices
in Rockville, MD in late-spring or early summer, 2016. All interviews will be confidential. Youth under
the age of 18 will need written parental consent in order to participate. Participants will receive $25 upon
completion of the interview.

WESINFO Language:
Headline: Youth and Young Adults Ages 12-21 Needed to Test LGBT Survey Items – Receive $25 for 30
Minutes
Volunteers ages 12-21 who are gay, lesbian, bisexual or transgender or who have close family members
or friends who are LGBT are needed to participate in a 30-minute in-person interview. We are developing
some survey questions on sexual orientation, gender identity, and health topics for a national study being
conducted by the Bureau of Justice Statistics. Interviews will be held in late-spring or early summer, 2016
at Westat. All interviews will be confidential. Youth under the age of 18 will need written parental
consent in order to participate. Participants will receive $25 upon completion of the interview. If you
know someone who would be interested in participating, please have them call toll-free xxxxxxxx and
indicate their interest in the BJS Study. Children of Westat employees are eligible, as are friends
and family members.

Attachment 5: Recruitment Screener and Ad for Non-Facility Interviews

Page 5-9

Attachment 6: Recruitment Materials for States and Facilities
•
•
•
•

State Information Sheet (Page 6-2)
State Roles and Responsibilities (Page 6-3)
Facility Information Sheet (Page 6-4)
Facility Roles and Responsibilities (Page 6-5)

National Survey of Youth in Custody (NSYC)
Testing of New Survey Items

Bureau of Justice Statistics

U.S. Department of Justice

State Information Sheet
Implementation Process
Late July – Early August 2016
•

State Director/Commissioner will appoint a State Liaison.

•

State Liaison will contact 1-2 facility superintendents/administrators to determine if they
are willing to participate.

Mid August 2016
•

State Liaison will provide Westat with the name of participating facility(ies) and contact
information.

•

Westat will mail an NSYC information packet to the facility administrator(s).

•

Westat will contact the facility administrator(s) to learn who will serve as the coordinator
for the facility.

•

Westat will provide the coordinator(s) with study materials and begin planning and
preparing for data collection at the facility. Planning activities will be completed by the
end of June.

•

Westat and the coordinator will schedule the data collection visit.

Late August 2016
•

A research team will visit the facility(ies) to interview 8 to 10 facility youth. All visits will
be conducted on a single day that is convenient for the facility, by August 30.

Attachment 6: Recruitment Materials for States and Facilities

Page 6-2

NATIONAL SURVEY OF YOUTH IN CUSTODY (NSYC)
TESTING OF NEW SURVEY ITEMS

State Roles and Responsibilities

Bureau of Justice Statistics

U.S. Department of Justice

State Director/Commissioner
1. Designate a State Liaison: The State Director/Commissioner will select a state staff
person who will serve as a liaison to the study. This liaison will work with the residential
juvenile facilities and Westat to prepare for and coordinate the research team visit.
2. Provide State Clearance: The State Director/Commissioner will provide authorization,
via the State Liaison, for Westat to contact the selected facilities in your state to arrange for
participation in this research study.
State Liaison
1. Inform Facility Superintendent/Administrator and Identify a Facility Coordinator:
The State Liaison will contact the superintendents/administrators of the selected facilities in
the state to inform them of the NSYC study and identify a staff person in the facility who will
serve as the point-of-contact for scheduling and arranging for the research team visit.
2. Communicate Requirements to Obtain Informed Consent for Minors: The State
Liaison will confirm that the state/facility can provide consent for adjudicated minors to
participate in the interview on behalf of the legal guardians (in loco parentis).

3. Confirm State Mandatory Reporting Procedures: The State Liaison will confirm how
incidents should be reported to child welfare authorities if a youth informs the research team
of abuse or neglect. Prior to the visit, the team will need to understand the state mandatory
reporting procedures and will need the telephone number and paperwork requirements (if
applicable) for submitting a report.

4. Specify Security Clearance Requirements for Westat Interview Staff: The State
Liaison will specify any special requirements for the research team to gain access to the
facilities. This may include special identification requirements or background checks.

5. Identify External Counseling Resources: The State Liaison will confirm that both
internal and external counseling will be available to youth who participate in the interview.
The Westat Institutional Review Board (IRB) requires that youth receive counseling if they
become upset after the interview or if they ask to speak to a counselor. If the youth requests
to speak to someone who is not a facility counselor, arrangements must be in place for the
youth to speak privately with an outside counselor.

Attachment 6: Recruitment Materials for States and Facilities

Page 6-3

Bureau of Justice Statistics

U.S. Department of Justice

NATIONAL SURVEY OF YOUTH IN CUSTODY (NSYC)
TESTING OF NEW SURVEY ITEMS
Facility Information Sheet

Implementation Process
Late July-Early August 2016
•

•

•

•

Westat will mail an NSYC information packet to the facility administrator.
Westat will contact the facility administrator to learn who will serve as the
coordinator for the facility.
Westat will provide the coordinator with study materials and begin planning and
preparing for data collection at the facility. Planning activities will be completed
by early August 2016.
Westat and the coordinator will schedule the data collection visit.

August 2016
•

•

The research team, consisting of 2 Westat researchers, will conduct 8-10
interviews with facility youth on a single day that is convenient for the facility, by
August 30, 2016.
The coordinator will identify 2 private rooms in the facility where each Westat
team member can meet individually with youth to conduct the interviews. The
coordinator will assign facility staff to escort youth to and from the interview
area(s).

Attachment 6: Recruitment Materials for States and Facilities

Page 6-4

NATIONAL SURVEY OF YOUTH IN CUSTODY (NSYC)
TESTING OF NEW SURVEY ITEMS
Facility Roles and Responsibilities

Bureau of Justice Statistics

U.S. Department of Justice

Facility administrator
1.

Designate a facility coordinator: The facility administrator will designate a staff person who will work
with Westat to prepare for the research team visit.

Facility coordinator
2.

Recruit youth participants: The facility will identify 8 to 10 state-placed adjudicated youth to participate
in a 60 minute interview. The selected youth should be cooperative, articulate, and comfortable talking
with the Westat researchers. In addition, the youth should reflect a mix of the following characteristics:
•
•

Gender (if co-ed facility)
Age (over and under 15 years old)

•
•

Race and ethnicity
Length of time in facility (at least 6 months)

3.

Obtain consent for youth to participate through In loco parentis, in which the facility provides
consent in lieu of the parent/guardian. This procedure has previously been approved by Westat’s IRB in
cases where the agency or facility is willing to accept responsibility for providing consent.

4.

Coordinate visit logistics:
A.

B.

C.

D.

Schedule the facility visit. The POC will coordinate with Westat to schedule the visit based on
the facility schedule, expected number of youth, and availability of researchers. The research
team will consist of two Westat staff. All interviews will be completed in one day.
Coordinate and schedule youth interviews. The POC will arrange the schedule to ensure the
selected youth are available. The interview schedule will be prepared and confirmed with the
facility in advance of the interviewers’ visit. Each interview will last approximately 60 minutes
with a 30 minute break scheduled between each session. Interviews may be scheduled
between 8 am and 6 pm.
Identify and prepare interview rooms. The POC will identify 2 rooms or semi-closed spaces
where each researcher will conduct the interviews. Each room/space must:
o Provide privacy to ensure that the interview will be conducted without interruption or
the youth respondent being seen by staff or other youth.
o Contain a table and two chairs
o Be available for the duration of the interviewers’ visit
Provide support during data collection. The POC will arrange for staff to escort youth to and
from the interview rooms. He/She should also be easily accessible in case issues arise during
the interviews.

5.

Arrange for counseling services: While we do not anticipate the content of the interview to upset the
participants, the POC should ensure that counseling is available for youth, if requested. The POC should
identify a counseling resource at the facility and a counselor outside of the facility if the youth requests
one.

6.

Define mandatory reporting procedures: Westat researchers are considered subject to state and
local mandatory reporting requirements. If youth make verbal allegations of abuse or harm to a
researcher, a report will be made. General procedures will be specified by the agency liaison. However,
the POC will be asked to define the specific procedures for the facility (e.g., name and contact
information for the agency designated to receive the report).

Attachment 6: Recruitment Materials for States and Facilities

Page 6-5