Prison Rape Elimination Act The Prison and the Community

Prison Rape Elimination Act

The Prison and the Community

The Prison and the Community

IntroductionWhat to cover•PREA has been around for awhile•Most attention just recently•In a group like this- multiple levels•Not a introduction, but a review

The Prison and the Community

Goals

•Overview of the PREA LAW•Overview of the PREA Standards•Understanding the impact on all types of facility.•Introduction to the Audit Process

Prison Rape Elimination Act The 2 Parts

•The Law

•The Standards

The 1st Part: The Law

• Into Law by bi-partisan support on September 4th 2003.

• In effect for 12 + years

• Driven by Victim Advocates

The Law’s Reach

All Federal, State and local institutions

• Act was named poorly-

Prisons, Jails, Community Corrections, Police lock-ups, holding facilities…

Public / Private, Male / Female, Adult / Juvenile

Not just inmates- all staff, volunteers, contractors, etc…

The “Why” of the Law

found offender rape causedHigher levels of violence

directed at inmates & staff’Health and mental health care

expenditures

Reduces the effectiveness of prevention programs

The “Why” of the Law

Congress foundLegal liabilities

Public Relations Risks

Risk of recidivism, civil strife and violent crime

The Purpose of the Law

Establish ‘ZERO TOLERANCE’

Makes PREVENTION a top priority

Implementation of National STANDARDS

The Purpose of the Law

Increases the ACCOUNTABILITY of officials.o Establishes protection under

the 8th ADMENDMENT

COLLECTION & DISSEMINATION of information

The Law What was going on?

Questions about the Law

The 2nd Part: The Standards

DOJ opened the process up for public comment in 2010

Final DOJ Standards released in May 2012

Draft version proposed by Commission in 2009

What was going on?

The Standards Set-up

The Types of Standards

Community Corrections.

Juvenile Corrections.

Adult Prisons & Jails.

The Standards cover:

Response & Planning.

Training & Education.

Prevention

Screening

Contracting

The Standards cover:

Investigations / Disciplinary

Official Response

Reporting

Medical & Mental Health Response.

The Standards cover:

AuditsAudit Process & Corrective

Action

Data Collection

State Compliance

The Standards Reach

Stated purpose of the Law is to develop and implement National Standards.

The law directs the Attorney General to publish rule adopting National Standards.

The Standards apply to the same agencies/organizations as the Law.

The Standards Reach

Federal Agency – Federal Law

Bureau of Prisons

Any agency / facility the BOP contracts with to house inmates

The Standards Reach

PREA Non-compliance impact on certain Federal funding

State Agencies / Facilities

Any agency / facility the State contracts with to house inmates

Increased liability outlined in the law.

The Standards Reach

Any contracts with Federal of State offender housing

Local / Private Facilities…etc

Increased liability outlined in the law.

The Standards Reach

Accreditation of Federal, State, local or private prisons, jails or other penal facilities.

Accreditation Organizations

Must adopt PREA Standards as a part of their standards

To be eligible to receive any new Federal Grant

Questions about the Standards

Preparing for PREA Audits

Number 1 resource

Resource information:

At the National PREA Resource Center

•The PREA Law•The Standards •Adult Prisons & Jails•Lock ups*•Community•Juvenile

•FAQ from the DOJ

Training & Technical Assistance:

At the National PREA Resource Center

•Basic PREA Training•Specialty Training

•Current and archived Webinars

•Examples of other agencies / facilities

Audit Information:

At the National PREA Resource Center

•List of DOJ Certified Auditors•The Audit Instruments and Tools

•Interview guides

•Layout of the Audit process

Disclaimer: Suggestions only –no guarantees .

Notes from a PREA Auditor

•Do your research – know what applies•Auditors do not judge ability to comply – only that there is compliance•Do a point by point policy review with the relevant Standards (definitions)

Disclaimer: Suggestions only –no guarantees .

Notes from a PREA Auditor

•Documentation of everything.

•Staff Training and review by staff.•Inmate/resident information

Disclaimer: Suggestions only –no guarantees .

Notes from a PREA Auditor

•Written agreements (MOU’s) with outside agencies

•Document attempts .

•PREA should not be one person’s responsibility

Questions about Audits