Prison Rape Elimination Act (PREA)

Final PREA Ruling Announced Today

Donna Ledbetter — Thu, 17 May 2012 18:02:00 GMT

The U.S. Department of Justice finalized today its rule adopting standards for the prevention, detection, and response of rape in correctional settings. The standards establish national requirements for federal, state, and local correctional facilities, including jails, prisons, and community corrections, in fulfilling the "zero tolerance standard" for rape as set forth in the Act.

Key elements of the standards include:

Due diligence of correctional facilities in the prevention, detention, and response of rape and sexual assault among inmates and staff.
Regular audits of correctional facilities every three years.
Risk of funding loss to state facilities that show an inability to comply with the standards.
Loss of eligibility to receive federal grant funds for accrediting organizations unless they adopt standards consistent with the ruling standards.
Application of the standards to all federal confinement facilities.

A detailed, full text account of the ruling and newly released PREA-related materials, including a cost/benefit analysis of the potential impact of the ruling on facilities, can be found online at:

Full text of ruling: www.ojp.usdoj.gov/programs/pdfs/prea_final_rule.pdf
Executive Summary: www.ojp.usdoj.gov/programs/pdfs/prea_final_rule.pdf
Regulatory Impact Assessment: www.ojp.usdoj.gov/programs/pdfs/prea_ria.pdf
Presidential Memorandum: www.whitehouse.gov/the-press-office/2012/05/17/presidential-memorandum-implementing-prison-rape-elimination-act

For more PREA resources and updates, please visit the PREA webpage of the National Institute of Corrections at www.nicic.gov/PREA.

Webinar: PREA in Action Series

Susan Powell — Fri, 11 May 2012 14:58:00 GMT

The National PREA Resource Center and Vera Institute of Justice will be hosting the second webinar, PREA Readiness, in the Resource Center’s PREA in Action Webinar Series on May 22nd. In this interactive web conference, Sheriff Beth Arthur and Major David Kidwell, Director of Corrections, will discuss their long-standing commitment to preventing sexual assault at the Arlington County Detention Facility, provide guidance to other jails on strategies for preventing and responding to sexual assault, and share their agency's successes and lessons learned.

Date/Time: Tuesday, May 22nd, 12:30pm - 2:00pm Eastern Time

See flier for registration.

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For additional information on this topic see NIC’s PREA project page

Webinar: PREA Readiness

Susan Powell — Mon, 09 Apr 2012 19:34:00 GMT

Join the first webinar, PREA Readiness, in the “PREA in Action Webinar Series”, sponsored by the National PREA Resource Center and Vera Institute of Justice.

With the impending release of the U.S Department of Justice’s National Standards to Prevent, Detect, and Respond to Prison Rape, correctional systems around the country are strategizing about sexual assault prevention and response. In this interactive web conference, Garry E. Russell, PREA and Intelligence Coordinator for the Oregon Department of Corrections (ODOC), will discuss the steps the ODOC has taken to prepare for PREA compliance, provide guidance for other agencies’ readiness, and share his agency’s successes and lessons learned.

Date/Time: Thursday, April 19, 2012, 3:00pm – 4:30pm Eastern Time

For additional information on this topic – visit NIC’s PREA/Offender Sexual Abuse webpage

Hearings on Sexual Victimization in U.S. Jails – Testimony and Transcripts

Susan Powell — Wed, 14 Dec 2011 18:57:00 GMT

The Office of Justice Programs (OJP) Review Panel on Prison Rape recently published the September 15-16, 2011 Hearings on Sexual Victimization. These Hearings focused on collecting evidence from officials at five county jails, survivors of sexual abuse in detention, and experts on jail conditions.

The five facilities included in the hearings were selected based on the findings in Sexual Victimization in Prisons and Jails Reported by Inmates, 2008-09, a report by the Bureau of Justice Statistics. Three of the facilities were identified by the Bureau of Justice Statistics as having a very high prevalence of sexual abuse and sexual harassment, as reported through inmate surveys:

Clallam County Corrections Facility (Clallam County, WA)
Miami-Dade County Pre-Trial Detention Center (Miami-Dade County, FL)
South White Street Jail (Orleans Parish, LA)

Two of the facilities were identified as having a very low prevalence of sexual abuse and sexual harassment, as reported through inmate surveys:

David L. Moss Criminal Justice Center (Tulsa County, OK)
Hinds County Work Center (Hinds County, MS)

To access the written testimony and transcripts.

For additional information from NIC on Offender Sexual Abuse.

New Fifty State Survey of State Criminal Laws

Lorie Brisbin — Fri, 21 Oct 2011 12:29:00 GMT

The American University Washington College of Law has released a new Fifty State Survey of State Criminal Laws Addressing the Sexual Exploitation of Minors. This document is just one example of the resources available through AU.

"Boys and Men Healing" film shown at EVAWI Conference

Lorie Brisbin — Tue, 26 Apr 2011 12:10:00 GMT

I recently attended the End Violence Against Women International (EVAWI) annual conference in Chicago. I have been to this conference before and have benefited from their excellent workshops and presentations. It was refreshing and gratifying to see sessions on male victimization issues included in the program. A very well-made and powerful film by Kathy Barbini of Big Voice Pictures "Boys and Men Healing" was screened in one of the sessions. While the film does not focus on male offenders as victims of sexual abuse, it was very insightful in presenting the underlying dynamics and aftermath of this devastating crime. It really made me ask myself how these experiences might be affecting our incarcerated population. Featured in the film and present at the screening were Tony Rogers, Dr. David Lisak and Mark Crawford. If you ever have the opportunity to view this film, I would highly recommend that you take the time to do so. It was well worth it.

Former Corrections Officer Pleads Guilty

Lorie Brisbin — Fri, 08 Apr 2011 17:55:00 GMT

As seen on the DOJ website: Office of Public Affairs (Friday, April 8, 2011)

WASHINGTON - The Justice Department announced today that Joseph Taunton, 31, from Jonesville, La., a former corrections officer at the LaSalle Parish Detention Center in Jena, La., pleaded guilty in federal court for engaging in a sexual act with a federal detainee.

During his guilty plea, Taunton admitted that on Dec. 16, 2010, while working as an officer at the detention center, he engaged in a sexual act with a federal detainee under his supervision.

“Those who are sworn to protect our citizens will be held accountable when they violate the public trust and abuse the rights of individuals in their custody,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.

“The defendant violated his oath; he crossed the line. This kind of behavior by prison employees can not and will not be tolerated, and we will continue to prosecute these types of cases,” said Stephanie Finley, U.S. Attorney for the Western District of Louisiana.

Sentencing is scheduled for July 28, 2011. Taunton faces a maximum penalty of 15 years in prison, a $250,000 fine, or both.

Today’s plea resulted from the work of the Department of Homeland Security – Office of Inspection General. The case is being prosecuted by Assistant U.S. Attorney Mary Mudrick of the Western District of Louisiana and Trial Attorney Angie Cha of the Civil Rights Division of the U.S. Department of Justice.

Results of PREA Public Comment Period

Lorie Brisbin — Wed, 06 Apr 2011 17:13:00 GMT

The most recent public comment period on the proposed PREA standards closed at midnight on April 4, 2011. A total of 1,548 comments were received to date. Many of these comments contained lengthy attachments with extremely detailed remarks. Bravo!! to all those that took the time and made the effort to be heard. The comments are available for viewing on the Federal Register website. The workgroup will be convening to review the public comments and develop their recommendations to the Attorney General. Currently, we do not have a projected date when those recommendations will be forwarded for consideration. Look for future news updates as additional information becomes available.

NIJ Journal Highlights Research on Sexual Assault Kit Backlogs

Donna Ledbetter — Wed, 09 Mar 2011 13:19:00 GMT

In the latest edition of the NIJ Journal, author Nancy Ritter highlights research on the prevelance of untested sexual assault kits in Solving the Problem of Untested Evidence in Sexual Assaults. The article touches upon findings revealed in NIJ's forthcoming report titled The Road Ahead: Unanalyzed Evidence in Sexual Assault Cases. Ritter's article stresses the importance of establishing policies and protocols to ensure the timely testing and reporting of data from sexual assault kits.

For related information, visit the NIC website PREA page at www.nicic.gov/PREA.

Reminder regarding deadline for public comment period on proposed PREA standards

Lorie Brisbin — Fri, 04 Mar 2011 18:19:00 GMT

Please take note that the public comment period for the proposed PREA standards published on February 3, 2011 will close on April 4, 2011. File your comments by mail or at the Federal Register website prior to midnight on April 4, 2011. Many of you are participating with organizations that will file group comments, but for those of you who are not, please consider submitting constructive, thoughtful comments. It is vitally important that your views be heard.

OJP/BJS Press Release - Sexual Victimization in Prisons and Jails

Lorie Brisbin — Fri, 11 Feb 2011 17:15:00 GMT

Correctional authorities reported 14,800 allegations of sexual victimization in prison and jails during 2007 and 2008. One in seven were confirmed after investigation. Read the complete press release on the Office of Justice Programs website.

Proposed Standards comparison charts available

Lorie Brisbin — Thu, 10 Feb 2011 15:04:00 GMT

NIC would like to encourage interested parties to submit public comments on the proposed PREA standards released 2/3/2011. Washington College of Law (WCL) has developed some comparison charts which may be useful in better understanding the changes and additions to the proposed standards. These comparison charts may also aid you in the development of formal comments in response to the proposed standards. The comparison charts can be found at the WCL website. Currently, the charts for adult prisons/ jails and lockups are available. Charts for juvenile and community corrections will also be available at the WCL site in the near future. Remember: The public comment period closes on April 4, 2011. Comments may be submitted electronically at Regulations.gov.

DOJ Solicits Further Input on Proposed National Standards - PREA

Susan Powell — Mon, 07 Feb 2011 18:16:00 GMT

On February 3, 2011 the Department of Justice (DOJ) published a Notice of Proposed Rulemaking for the National Standards to Prevent, Detect, and Respond to Prison Rape. In this Notice, DOJ is again soliciting input on the proposed standards and is responding to public comments received on the Advance Notice of Proposed Rulemaking published on March 10, 2010. There are sixty-four specific questions contained in the Notice which may assist you in crafting your comments. The text of the Notice of Proposed Rulemaking can be found in the Federal Register, Vol. 76, No. 23, page number 6248.

The public comment period will close on April 4, 2011. To submit a comment electronically go to Regulations.gov. Comments may also be submitted by mail and must be postmarked on or before April 4, 2011.

PREA National Standards

Lorie Brisbin — Tue, 25 Jan 2011 18:33:00 GMT

On January 24, 2011, the Department of Justice (DOJ) issued a press release that the proposed PREA (Prison Rape Elimination Act) standards will be published soon in the Federal Register. A 60-day public comment period will follow that publication. DOJ will then make any revisions to the standards and the final rule will be published. This is anticipated to take place by the end of the year. The unofficial version of the proposed rulemaking may be found online at: www.ojp.usdoj.gov/programs/pdfs/prea_nprm.pdf.

Following publication in the Federal Register, the official proposed rule will be available at www.regulations.gov, where comments may be submitted.

DOJ Solicits Input on Proposed National Standards

dlh — Fri, 12 Mar 2010 15:55:00 GMT

On March 10, 3010 the Department of Justice issued an Advance Notice of Proposed Rulemaking (ANPRM) to solicit input on the Commission's proposed national standards and to receive information useful to the Department in publishing a final rule adopting standards to address prison rape as mandated by PREA. The ANPRM can be found in the Federal Register, Vol. 75, No. 46, page number 11077.

The Prison Rape Elimination Act (PREA) requires the Attorney General to promulgate regulations that adopt national standards for the detection, prevention, reduction, and punishment of prison rape. PREA established the National Prison Rape Elimination Commission (Commission) to conduct a legal and factual study of the penological, physical, mental, medical, socials, and economic impacts of prison rape and provide to the Attorney General and Secretary of Health and Human Services standards for the detection, prevention, reduction, and punishment of prison rape. The Commission published its recommended national standards on June 23, 2009.