Prison Rape Elimination Act PREA A Brief Overview

Development of the Law Survivors began to speak of their ordeal and the impact on their lives and families during and post incarceration Civil rights groups and the faith community stepped in to document it and give it a moral dimension Received support from a broad prospective: philosophically, racially, religiously, politically, and with extremely strong public support. How would you want your family treated?

Why The Upsurge in Interest? Initially recognized in female institutions as a ‘women’s’ issue, it’s now recognized as a prison issue. Increased awareness of the balance of power within all care and custodial facilities, including Corrections. Public wants accountability Drastic increase in numbers of those incarcerated means we are all more likely to know someone who could be a potential victim.

Time Line of PREA 2003 PREA Commission Formed by Federal legislation Signed By President Bush 2004 First meeting of the National Prison Rape Elimination Act Appointed Commission Information gathering and hearings June 2009 Report and draft standards published by NPREC Standards workgroups

Draft Standards released Feb/Apr 2011 Public comment on draft standards June 2012 Standards published in the Federal Registry August 2012 Final Standards released August 2013 Audits begin

In passing PREA, Congress noted that the nation was “largely unaware of the epidemic character of prison rape and the day-to-day horror experienced by victimized inmates.” 42 U.S.C (12). The legislation established a National Prison Rape Elimination Commission (NPREC) to “carry out a comprehensive legal and factual study of the penalogical [sic], physical, mental, medical, social, and economic impacts of prison rape in the United States” and to recommend to the Attorney General “national standards for enhancing the detection, prevention, reduction, and punishment of prison rape.” 42 U.S.C (d)(1), (e)(1). The statute defines “prison” as “any confinement facility,” including jails, police lockups, and juvenile facilities, and defines “rape” to include a broad range of unwanted sexual activity.

The standards are to be immediately binding on the Federal Bureau of Prisons. 42 U.S.C (b). A State whose Governor does not certify full compliance with the standards is subject to the loss of five percent of any Department of Justice grant funds that it would otherwise receive for prison purposes, unless the Governor submits an assurance that such five percent will be used only for the purpose of enabling the State to achieve and certify full compliance with the standards in future years. 42 U.S.C (c). The final rule specifies that the Governor’s certification applies to all facilities in the State under the operational control of the State’s executive branch, including facilities operated by private entities.

Prison Rape Elimination Act (PREA) of 2003 Provides for the analysis of the incidence and effects of prisoner sexual abuse (rape) –Prisoner-on-Prisoner Sexual Assault & Victimization –Staff-on-Prisoner Sexual Misconduct & Sexual Harassment Applies nationally to: –All Federal, State, and Local Institutions –Prisons, Jails, and Community Corrections –Public and Private –Juvenile and Adult –Male and Female

Makes available: information, resources, recommendations, and funding to protect individuals from prison rape. Passed with unanimous approval by the US Congress (House & Senate). Signed by President George W. Bush on September 4, 2003, and became Public Law No:

Re-Entry has highlighted that what happens inside prison is a continuation in to our community. Corrections agencies are expected and obligated to run safe, secure and orderly facilities - worthy of the public trust.

The Seven Elements of the Law 1.A ‘Zero Tolerance’ mandate. 2.Makes prevention a top priority in every system. 3.Develops and implements National Standards (detection, prevention, reduction and punishment).

4.Increases the available data and information on the incidence of prisoner sexual abuse. 5.Standardizes definitions of ‘Prisoner Sexual Abuse’ needed for collecting data. What constitutes: –Non-Consensual Sexual Acts –Abusive Sexual Contacts –Staff Sexual Misconduct –Staff Sexual Harassment

6.Increases accountability of corrections officials. 7.Protecting 8th Amendment rights of prisoners to be free from cruel and unusual punishment.

Bureau of Justice Statistics (BJS) Mandate Administrative record and report reviews will begin. Facility surveys each year, beginning in –At least 10% of all facilities nationwide (which numbers 8,700). –Randomly sampled, annually. –Required to select one prison in every state. Prisoner Surveys.

Resources: -National Institute of Corrections - -NIC Link to Information on PREA - -Bureau of Justice Statistics - -

PREA and Jails Right Thing to Do Loss of Federal Revenue Establishing a new area of case law – is non-compliance Deliberate Indifference