PREA Training & Resources - PREA - LGBTI
“Protection from sexual abuse in immigration detention is particularly important for lesbian, gay, bisexual, and transgender, or LGBT, individuals as they are among the most vulnerable to sexual abuse in confinement. DHS [Department of Homeland Security] introduced PREA [Prison Rape Elimination Act] standards in early March to establish a “zero tolerance standard” for rape and to protect immigrants in detention facilities from sexual abuse. These standards are an important step toward protecting immigrants, but further reforms are still needed” (p. 1). Topics addressed include: sexual assault in immigration detention; the Prison Rape Elimination Act; the U.S. Department of Homeland Security’s PREA standards—zero-tolerance policy for sexual abuse, safe placement standards, standards on training and searches, and reporting requirements.
After nearly a decade of study and review, the U.S. Department of Justice issued final regulations to implement PREA in May 2012.
"Similar to staff in juvenile facilities, many adult correctional professionals are ill prepared to work with inmates who identify as lesbian, gay, bisexual, transgender, and intersex (LGBTI), and most agencies do not have policies or provide training for staff related to working with LGBTI inmates. Without essential policies and training, staff members are unprepared to provide safe and professional care to this population, especially given the challenges that LGBTI inmates present in securing safe housing and medical and mental health care."
"In the first edition of this guide, we aimed to reach out to correctional agencies in order to help them identify, address, and respond to abuse of LGBTI individuals through agency policies and procedures. We hoped to deepen the dialogue between staff and administrators as well as community leaders and criminal justice advocates about strategies to eliminate abuse of LGBTI individuals in custody. The second edition of this guide provides updated key information to correctional agencies about PREA’s impact on agency practice as it relates to LGBTI individuals in custody" (p. 1). This guide is made up of three chapters: introduction and overview—introduction, evolving terminology and definitions, core principles for understanding LGBTI individuals in custody, and emerging data on LGBTI individuals in custodial settings and the challenges they face; LGBTI youth under custodial supervision—the law, PREA standards, other governing principles (state human rights laws and professional codes of ethics), and elements of legally sound and effective policy and practice; and LGBTI adults under custodial supervision—the law, PREA standards, and elements of legally sound and effective policy and practice. Appendixes provide: glossary; case law digest; additional resources; webpages with sample policies; Issues to Watch: The Impact of Non-Custodial LGBTI Developments on Corrections; sample policies; and training matrices.
“A prison or jail sentence should never include sexual assault. On May 17, 2012, the Department of Justice released the final federal regulations implementing the Prison Rape Elimination Act (PREA). These regulations apply to federal, state and local correctional facilities and lock-ups and include key protections for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) individuals. Despite— or likely because of—the decade-long process leading up to the passage of the final regulations, much confusion remains about how PREA’s protections can be leveraged to protect LGBTI individuals from sexual assault. This four-part toolkit is designed for advocates both in and outside of correctional settings to use PREA’s requirements to end the abuse of LGBTI individuals. As federal, state and local agencies reassess their policies and practices to come into compliance with PREA, there will be key opportunities to make important policy changes that will impact all individuals in confinement settings.” (p. ii). Part One “Advocacy Guide”—sections addressing documenting violations, policy and legislative change, and key LGBTI issues to monitor in custodial settings. Part Two “Overview”—sections covering what PREA is, whether LGBTI individuals are particularly vulnerable in prison, jail and juvenile detention, whether the PREA regulations include protections for LGBTI individuals, and how facilities should protect LGBTI individuals from abuse. Part Three “Know Your Rights” sections explaining what PREA is, PREA regulations apply to all the prisons and jails, how PREA protects LGBTI individuals, and what one can do if the facility holding them is not following PREA. Part Four “Regulations” containing the full text of key LGBTI provisions.
"For the past three years a bitter battle has waged between the transgender inmates of FCI Petersburg and prison administrators. On the prisoners’ side, calls for hormone therapy, counseling, female commissary products (e.g., makeup, fragrance, bras, underwear, etc.), hair removal, and even SRS have been advanced. The trans prisoners simply want gender congruence; for their internal and external selves to be the same."