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PREA Training & Resources - Policy, Procedures & Audits

“The purpose of this regulatory action is to set standards to prevent, detect, and respond to sexual abuse in Department of Homeland Security (DHS) confinement facilities. Sexual violence, against any victim, is an assault on human dignity and an affront to American values” (p. 13100).

Provisions of these standards are broken down into parts covering “two distinct types of facilities: (1) Immigration detention facilities, which are overseen by ICE and used for longer-term detention of aliens in immigration proceedings or awaiting removal from the United States; and (2) holding facilities, which are used by ICE and U.S. Customs and Border Protection (CBP) for temporary administrative detention of individuals pending release from custody or transfer to a court, jail, prison, other agency or other unit of the facility or agency” (p. 13101).

Sections of this final rule include: abbreviations; executive summary; estimated costs and benefits; background to sexual assault during custody; and a detailed discussion of the Prison Rape Elimination Act (PREA). Standards comprising Part 115 of Title 6 of the U.S. Code of Federal Regulations (CFR) are: definitions; Subpart A—Standards for Immigration Detention Facilities—coverage, prevention planning, responsive planning, training and education, assessment for risk of sexual victimization and abusiveness, reporting, official response following a detainee report, investigations, discipline, medical and mental care, data collection and review, audits and compliance, and additional provision in agency policies; Subpart B—Standards for DHS Holding Facilities--containing the same paragraph designations but with regulations applicable to DHS holding facilities; and Subpart C—External Auditing and Corrective Action—scope of audits, auditor qualifications, audit contents and findings, audit corrective action plan, and audit appeals.

6 CFR Part 115: Standards To Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities; Final Rule Cover

The Prison Rape Elimination Act (PREA) was passed in 2003 with unanimous support from both parties in Congress and signed into law by President George W. Bush. The purpose of the act is to “provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations and funding to protect individuals from prison rape.” (Prison Rape Elimination Act, 2003). Additional PREA information can be found here.

"On a recent day at the Maryland Correctional Institution for Women, inmates in jumpsuits peek out of their cells to see three men with clipboards walk into the housing unit. These men are auditors doing a practice inspection. They're here to see if the facility complies with a federal law called the Prison Rape Elimination Act, or PREA."

"The purpose of this policy is to establish guidelines and procedures in accordance with the Prison Rape Elimination Act to assure the provisions of high quality, supportive health care services for victims of sexual assault or abuse as well as for victims of physical violence."

"The Department of Justice (Department) is issuing a final rule adopting national standards to prevent, detect, and respond to prison rape, pursuant to the Prison Rape Elimination Act of 2003 (PREA). The Department is requesting comment on one issue relating to staffing in juvenile facilities."

"The goal of this rulemaking is to prevent, detect, and respond to sexual abuse in confinement facilities, pursuant to the Prison Rape Elimination Act of 2003. For too long, incidents of sexual abuse against incarcerated persons have not been taken as seriously as sexual abuse outside prison walls. In popular culture, prison rape is often the subject of jokes; in public discourse, it has been at times dismissed by some as an inevitable— or even deserved— consequence of criminality."

"This policy establishes uniform guidelines and procedures to prevent, deter, and respond to all types of prison sexual assault, sexual victimization and staff sexual misconduct aimed at persons under the care and custody of the NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS (NHDOC). In keeping with the intent of the federal statute (PREA, P.L. 108-79), NHDOC is committed to a zero-tolerance standard for prison sexual assault and sexual victimization, including offender-on-offender sexual victimization , staff-on-offender sexual misconduct, and sexual assault by any other person working with or having contact with offenders under departmental control or supervision. This policy makes the prevention of offender-on-offender sexual assault and staff sexual misconduct a top priority. The Department will immediately respond to, investigate, and support the prosecution of sexual assault, victimization and misconduct through both internal and external processes in partnership with state police, local law enforcement, county prosecutors and the NH Office of the Attorney General."

Power Point - PREA Audit Instrument Introduction June 13, 2013.

Presented by Susan McCampbell & Elizabeth Layman.

"This Regulatory Impact Assessment (RIA) assesses, and monetizes to the extent feasible,the benefits of combating rape and sexual abuse in America’s prisons, jails, lockups, community confinement facilities (CCFs), and juvenile facilities, and the costs of full nationwide compliance with the Attorney General’s national standards under the Prison Rape Elimination Act (PREA).It also summarizes the comments relating to the costs and benefits of the standards that the Department received in response to the Notice of Proposed Rulemaking (NPRM) and Initial Regulatory Impact Assessment (IRIA)."

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