Prison Rape Elimination Act The Prison and the Community

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

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 1 st Part: The Law Into Law by bi-partisan support on September 4 th 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 caused  Higher 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 found  Legal 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 8 th ADMENDMENT  COLLECTION & DISSEMINATION of information

The Law What was going on?

Questions about the Law

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

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:  Audits  Audit 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