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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
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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
