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Prison Rape Elimination Act The Prison and the Community.

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Presentation on theme: "Prison Rape Elimination Act The Prison and the Community."— Presentation transcript:

1 Prison Rape Elimination Act The Prison and the Community

2 The Prison and the Community Introduction What 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

3 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

4 Prison Rape Elimination Act The 2 Parts The Law The Standards

5 The 1 st Part: The Law Into Law by bi-partisan support on September 4 th 2003. In effect for 12 + years Driven by Victim Advocates

6 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…

7 The “Why” of the Law found offender rape caused  Higher levels of violence directed at inmates & staff’  Health and mental health care expenditures  Reduces the effectiveness of prevention programs

8 The “Why” of the Law Congress found  Legal liabilities  Public Relations Risks  Risk of recidivism, civil strife and violent crime

9 The Purpose of the Law  Establish ‘ZERO TOLERANCE’  Makes PREVENTION a top priority  Implementation of National STANDARDS

10 The Purpose of the Law  Increases the ACCOUNTABILITY of officials. o Establishes protection under the 8 th ADMENDMENT  COLLECTION & DISSEMINATION of information

11 The Law What was going on?

12 Questions about the Law

13 The 2 nd 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

14 What was going on? The Standards Set-up

15 The Types of Standards  Community Corrections.  Juvenile Corrections.  Adult Prisons & Jails.

16 The Standards cover:  Response & Planning.  Training & Education.  Prevention  Screening  Contracting

17 The Standards cover:  Investigations / Disciplinary  Official Response  Reporting  Medical & Mental Health Response.

18 The Standards cover:  Audits  Audit Process & Corrective Action  Data Collection  State Compliance

19 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.

20 The Standards Reach  Federal Agency – Federal Law Bureau of Prisons  Any agency / facility the BOP contracts with to house inmates

21 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.

22 The Standards Reach  Any contracts with Federal of State offender housing Local / Private Facilities…etc  Increased liability outlined in the law.

23 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

24 Questions about the Standards

25 Preparing for PREA Audits Number 1 resource

26 Resource information : At the National PREA Resource Center The PREA Law The Standards Adult Prisons & Jails Lock ups* Community Juvenile FAQ from the DOJ

27 Training & Technical Assistance : At the National PREA Resource Center Basic PREA Training Specialty Training Current and archived Webinars Examples of other agencies / facilities

28 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

29 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)

30 Disclaimer: Suggestions only –no guarantees. Notes from a PREA Auditor Documentation of everything. Staff Training and review by staff. Inmate/resident information

31 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

32 Questions about Audits

33


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