PREA Training & Resources - PREA - Juveniles
"In 2003, the Prison Rape Elimination Act (PREA) -- a federal legislative proposal that sought to curb incidents of sexual assault in both adult prisons and juvenile detention facilities -- was signed into law by President George W. Bush.
The newly formed National Prison Rape Elimination Commission (NPREC) was then tasked with establishing PREA standards; ultimately, nine years would pass before the United States Department of Justice (DOJ) approved the final standards set forth by the NPREC."
"With new rules due to PREA, we have to be more hands-on with juvenile offenders than ever before."
The goal of this Toolkit is to provide juvenile agencies and facilities of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of residents in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of resident sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, resident transportation vehicles, juvenile facilities, and community corrections facilities. This toolkit will help assess your juvenile facility’s operations with an eye to improvements. The Toolkit is divided into folders holding materials related to: introductory information about PREA [Prison Rape Elimination Act] and it Standards; a Self-Assessment Checklist with supporting forms “to provide a step-by-step process for juvenile facilities to review and assess policies, procedures, and practices in light of the PREA Standards and accepted best practices”; and additional resources to assist you in PREA-readiness.
This Standard is divided into these sections: Prevention Planning, Responsive Planning, Training and Education, Screening for Risk of Sexual Victimization and Abusiveness, Reporting, Official Response Following a Resident Report, Investigations, Discipline, Medical and Mental Care, Data Collection and Review, Audits, Auditing and Corrective Action, and State Compliance. [28 C.F.R. Part 115].
This document is meant to assist agencies and facilities in their PREA compliance efforts. The standards listed below are examples of juvenile PREA standards that explicitly require documentation of agency or facility activities through policy or other forms of documentation; agencies and facilities may find it beneficial to also document activities that are not listed below to demonstrate compliance (p. 1).
"PREA standards for juvenile facilities and adult prisons and jails are mostly the same, but there are some substantive differences. This fact sheet outlines those differences."
These documents comprise the instrument that auditors will use to audit the U.S. Department of Justice's PREA Standards for Juvenile Faculties.” Elements comprising this instrument are: Pre-Audit Questionnaire; Auditor Compliance Tool used to determine PREA compliance; Instructions for PREA Audit Tour of the facility; Interview Protocols for agency head or designee, Superintendent or designee, PREA Compliance Manager/Coordinator, specialized staff, random staff, and residents; Auditor Summary Report” template; Process Map describing the audit process from start to finish; and Checklist of Documentation.
In the area of Juvenile Corrections, we might take this opportunity to revisit a topic I wrote about in February, “Incarcerated Youth at Risk: Is Your Facility Doing Enough to Avoid Liability?” Ultimately, a correctional facility has an ongoing obligation to safeguard the health and wellbeing of its minor inmates. In February, I asked whether your institution was doing enough to avoid liability in this area. This month, with that overarching question in mind, we consider whether your institution is compliant with the mandates of PREA? Juvenile inmates are, indeed, a “special” population, and as such, are particularly vulnerable to victimization while in custody, both from inmate-on inmate conduct, as well as staff misconduct. Ongoing attention to the federal mandates of PREA goes a long way toward ensuring that a juvenile inmate’s time in custody will be devoid of the types of sexual assault issues that have now been recognized and documented in our juvenile correctional facilities around the country. With national standards now established, those institutions choosing, or simply unable, to comply with these mandates, situate themselves as particularly vulnerable, “easy targets” for liability."
This web page provides information regarding the implementation of the Prison Rape Elimination Act (PREA) “youthful inmate” standard. Youthful inmates are any incarcerated individuals under the age of 18. Links are provided to a two part webinar series regarding this implementation in three jurisdictions—Oregon, North Carolina, and Indiana. Other sections provide information about: the “youthful inmate” PREA Standard 115.14; options for implementation—reducing the number of youthful inmates in adult facilities, entering into cooperative agreements with outside jurisdictions to facilitate compliance, and confining all youthful inmates to separate housing units; lessons learned; and resources for additional information.
Responses to thirteen questions regarding curriculum related to staff sexual misconduct with youth and youth on youth sexual assault are provided. "The objectives of the focus groups included: (1) to gather data that will inform NIC [National Institute of Corrections] in how to best develop a juvenile oriented curriculum on staff sexual misconduct; (2) to gather data that will guide NIC in identifying the major staff sexual misconduct related issues in juvenile corrections, including what stakeholders should be consulted, and what strategies should be utilized in naming the issues and building knowledge about the PREA [Prison Rape Elimination Act]; and (3) to gather information related to various aspects of youth on youth sexual assault" (p.2).