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- NATIONAL
PRISON RAPE ELIMINATION (PREA) RESOURCE CENTER
- United States Department of Justice
http://www.prearesourcecenter.org/about
I. PRISON RAPE ELIMINATION ACT of 2003
II. NATIONAL COUNCIL ON CRIME AND DELINQUENCY & BUREAU
OF JUSTICE ASSISTANCE
III. PREA ESSENTIALS
1. Prisons and Jail Standards (2012)
2. Lockup Standards
3. Community Confinement Standards
4. Juvenile Facility Standards
I. PRISON RAPE ELIMINATION ACT of 2003
From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Prison_Rape_Elimination_Act_of_2003
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- The Prison Rape Elimination Act of
2003 (PREA) is the first United States federal law passed dealing with the sexual
assault of prisoners. The bill was signed into law on September 4, 2003.
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- PREA Provisions The Act was passed by both
houses of the U.S. Congress and subsequently signed by President George W. Bush in a White
House ceremony on September 4, 2003.[9][10] The act aimed to curb prison rape through a
"zero-tolerance" policy, as well as thorough research and information gathering.
The act called for developing national standards to prevent incidents of sexual violence
in prison. It also made policies more available and obvious. By making data on prison rape
more available to the prison administrators as well as making corrections facilities more
accountable for incidents pertaining to sexual violence and of prison rape it would more
than likely decrease the crimes.[11]
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- A major component of the PREA was the establishment of a
"National Prison Rape Reduction Commission".[9] The panel was established by the
act and appointed in June 2004, though the law itself called for the commission's creation
within 60 days of its passage.[8][12] The panel, known as the National Prison Rape
Elimination Commission (NPREC), was charged with undertaking a study on the comprehensive
effects of prison rape and its occurrences.[8] The commission was also charged with
information gathering through a variety of sources including public hearings. Eventually
the commission will issue a report which includes its findings, conclusions and any
recommendations.[13]
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- In addition the law mandated that the U.S. Department of
Justice (DOJ) "make the prevention of prison rape a top priority in each prison
system".[8] The DOJ's Bureau of Justice Statistics was mandated to produce an annual
report on its activities concerning the topic of prison rape in the U.S. prison system.[8]
The law also made several other mandates for the DOJ. The National Institute of
Corrections (NIC) was ordered to offer training and technical assistance, provide a
clearinghouse for information and produce its own annual report to Congress. PREA required
the DOJ to create a review panel designed to conduct hearings on prison rape, this panel
was given subpoena power as well. At the top of the Justice Department PREA authorized the
Attorney General to dispense grant money to facilitate implementation of the act. These
grants are administered by the Bureau of Justice Assistance (BJA) and the National
Institute of Justice (NIJ).[14]
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- II. NATIONAL COUNCIL ON CRIME AND DELINQUENCY
& BUREAU OF JUSTICE ASSISTANCE
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- The National Council on Crime and Delinquency (NCCD) was
awarded a cooperative agreement with the Bureau of Justice Assistance (BJA) to implement
the National PREA Resource Center (PRC). The PRC’s aim is to provide assistance to
those responsible for state and local adult prisons and jails, juvenile facilities,
community corrections, lockups, tribal organizations, and inmates and their families in
their efforts to eliminate sexual abuse in confinement.
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- The PRC serves as a central repository for the best
research in the field on trends, prevention, and response strategies, and best practices
in corrections. Technical assistance and resources are available through the PRC’s
coordinated efforts with its federal partners, and the PRC will take the lead in helping
the corrections field to implement the Department of Justice’s national PREA
standards.
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- The PRC is a cooperative effort with a broad coalition of
organizations with expertise and resources in the fields of corrections, law enforcement,
victims' services, and sexual abuse prevention and response. You can find a full list of
collaborating organizations here.
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- This website consists of an extensive library, stories of
efforts at compliance from around the country, information about national trainings,
webinars, resources including tool kits and model policies, and a direct link to PRC staff
who can answer your questions. As the corrections and law enforcement fields work to
comply with Department of Justice standards, the PRC will assist that effort with the
necessary training, expertise, and resources.
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- This website is designed to serve multiple audiences,
including correctional administrators, management, line staff, sheriffs and officers,
community corrections personnel, juvenile detention administrators, and staff. In
addition, a list of resources for inmates’ families and for survivors of sexual abuse
in confinement is available here.
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- III. PREA ESSENTIALS
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- 1. Prisons and Jail Standards
(2012)
- United States Department of Justice Final Rule
National Prison Rape Elimination Act (PREA)
Resource Center
- http://www.prearesourcecenter.org/training-technical-assistance/prea-101/prisons-and-jail-standards
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- PRISONS AND JAIL STANDARDS
- United States Department of Justice Final Rule
- National Standards to Prevent,
- Detect, and Respond to Prison Rape
- Under the Prison Rape Elimination Act (PREA)
- 28 C.F.R. Part 115
- Docket No. OAG-131
- RIN 1105-AB34
- May 17, 2012
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- Standards for Prisons and Jails
- § 115.5 General definitions
- § 115.6 Definitions related to sexual abuse
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- Prevention Planning - Prisons and Jails
- § 115.11 Zero tolerance of sexual abuse and sexual
harassment; PREA coordinator
- § 115.12 Contracting with other entities for the
confinement of inmates
- § 115.13 Supervision and monitoring
- § 115.14 Youthful inmates
- § 115.15 Limits to cross-gender viewing and searches
- § 115.16 Inmates with disabilities and inmates who are
limited English proficient
- § 115.17 Hiring and promotion decisions
- § 115.18 Upgrades to facilities and technologies
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- Responsive Planning - Prisons and Jails
- § 115.21 Evidence protocol and forensic medical
examinations
- § 115.22 Policies to ensure referrals of allegations for
investigations
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- Training and Education - Prisons and Jails
- § 115.31 Employee training
- § 115.32 Volunteer and contractor training
- § 115.33 Inmate education
- § 115.34 Specialized training: Investigations
- § 115.35 Specialized training: Medical and mental health
care
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- Screening for Risk of Sexual Victimization and Abusiveness
- Prisons and Jails
- § 115.41 Screening for risk of victimization and
abusiveness
- § 115.42 Use of screening information
- § 115.43 Protective custody
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- Reporting - Prisons and Jails
- § 115.51 Inmate reporting
- § 115.52 Exhaustion of administrative remedies
- § 115.53 Inmate access to outside confidential support
services
- § 115.54 Third-party reporting
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- Official Response Following an Inmate Report - Prisons and
Jails
- § 115.61 Staff and agency reporting duties
- § 115.62 Agency protection duties
- § 115.63 Reporting to other confinement facilities
- § 115.64 Staff first responder duties
- § 115.65 Coordinated response
- § 115.66 Preservation of ability to protect inmates from
contact with abusers
- § 115.67 Agency protection against retaliation
- § 115.68 Post-allegation protective custody
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- Investigations - Prisons and Jails
- § 115.71 Criminal and administrative agency investigations
- § 115.72 Evidentiary standard for administrative
investigations
- § 115.73 Reporting to inmates
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- Discipline - Prisons and Jails
- § 115.76 Disciplinary sanctions for staff
- § 115.77 Corrective action for contractors and volunteers
- § 115.78 Disciplinary sanctions for inmates
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- Medical and Mental Care - Prisons and Jails
- § 115.81 Medical and mental health screenings; history of
sexual abuse
- § 115.82 Access to emergency medical and mental health
services
- § 115.83 Ongoing medical and mental health care for sexual
abuse victims and abusers
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- Data Collection and Review - Prisons and Jails
- § 115.86 Sexual abuse incident reviews
- § 115.87 Data collection
- § 115.88 Data review for corrective action
- § 115.89 Data storage, publication, and destruction
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- Audits - Prisons and Jails
- § 115.93 Audits of standards
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- Auditing and Corrective Action - Prisons and Jails
- § 115.401 Frequency and scope of audits
- § 115.402 Auditor qualifications
- § 115.403 Audit contents and findings
- § 115.404 Audit corrective action plan
- § 115.405 Audit appeals
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- State Compliance - Prisons and Jails
- § 115.501 State determination and certification
of full compliance
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- 2. Lockup Standards
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- 3. Community Confinement
Standards
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- 4. Juvenile Facility Standards
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