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National PREA Resource Center (PRC) (Washington, DC)

"This webinar focuses on the legal liability of agencies and staff when engaging in cross gender supervision and searches of people in custody." Topics discussed include: important factors for cross gender searches and supervision; the legal framework—Prison Rape Elimination Act (PREA) standards and DOJ guidance, Civil Rights of Institutionalized Persons Act, Prison Litigation Reform Act, Violence Against Women Act amendments, PREA exhaustion of administration remedies, Federal Torts Claims Act, U.S. Constitution claims, state claims, and international legal claims; forms of liability—municipal, official, individual, personal and qualified immunity; case law digest—issues raised by inmates, residents, or detainees—First Amendment, Fourth Amendment , Fourth regarding privacy, visual body cavity searches, pat downs (searches), and the Eighth Amendment; the impact of cross gender supervision and searches on youthful inmates; case law regarding employment—Title VII; women in corrections; men in corrections; gender non-conforming staff in corrections; and conclusions regarding the current state of the law.

Cross Gender Supervision and Legal Liability [Webinar] Cover

"This paper identifies and explains the applicable PREA Standards and requirements, along with other influencing factors that impact a facility’s development, documentation and implementation of a PREA-compliant facility staffing plan. It is important to note that while current or traditional staffing models are helpful to a facility when developing the required staffing plan, these traditional models were developed prior to the passage of PREA. Therefore, they are not necessarily PREA-informed or constructed with a “lens” focused on sexual safety. Furthermore, traditional staffing models typically have not taken into account the significance of gender as an influencing factor" (p. 3). Sections of this Staffing Plan White Paper cover: what a PREA-compliant staffing plan requires—facility-specific PREA requirements, and influencing facility-specific factors; how to develop a staffing plan or improve the one that exists; who needs to be involved in the drafting or assessment of the facility staffing plan; considerations regarding facility-specific PREA requirements; other considerations—use of video monitoring, security staff ratios in juvenile facilities, trauma-informed approaches, and gender considerations in staffing plan development at adult female and juvenile girls' facilities; additional requirements under "supervision and monitoring"—staffing plan review, unannounced rounds, and heightened protections for vulnerable detainees; and how a staffing plan will be audited.

 

Developing and Implementing a PREA-Compliant Staffing Plan Cover

"The purpose of this guide is to provide prison and jail administrators and staff with strategies for safely housing inmates at risk of sexual abuse without isolating them. Inmates at risk for sexual victimization—whether identified through screening or victimized in confinement—need protection from abusers, equal access to programming and health and mental health services, and congregate opportunities" (p. 3). Sections of this document include: introduction; a brief look at the use of segregated housing and protective custody in the U.S.; why the use of segregation matters—conditions, impacts, and fiscal costs of isolation; managing people who screen at risk for sexual abuse in general population—incorporating PREA screening requirements into internal classification systems, using case management systems to manage vulnerable inmates, open housing units in general population, mission-specific housing, and key considerations for managing people who screen at risk for sexual abuse in general population; managing particularly high-risk populations—women, youthful inmates, LGBTI (lesbian, gay, bisexual, transgender, and intersex) inmates (e.g., targeted intake and screening, housing and programming placement, monitoring and safety, and commitment and training); and conclusion.

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The Prison Rape Elimination Act (PREA) sets standards to ensure that information about PREA and victim services are accessible to people with disabilities. The purpose of this guide is to provide strategies to correctional agencies that will aid their compliance with these PREA requirements. The strategies discussed in this guide draw on established practices used by victim service organizations—both community-based and those based in government agencies—to make their services more accessible for this population. By offering concrete recommendations on how to adapt these community practices to correctional settings, this guide aims to help adult and juvenile correctional facilities increase accessibility for people with disabilities. While it is not a focus of this guide, an important component to making PREA and victim services accessible for people with disabilities is to institutionalize any new practices or partnerships in facility policy" (p. 2). Sections comprising this guide are: purpose; defining disability; sexual abuse and incarcerated people with disabilities—applicable PREA standards, and legal compliance; strategies for making PREA information and victim services accessible—increase access for the broadest range of users, increase capacity for individualized accessibility solutions, ensure access to reporting, and ensure access to victim services; staff training and resources; and conclusion.

Making PREA and victim services accessible for incarcerated people with disabilities: An implementation guide for practitioners on the adult and juvenile standards cover

"The PRC’s aim is to provide assistance to those responsible for state and local adult prisons and jails, juvenile facilities, community corrections, lockups, tribal organizations, and inmates and their families in their efforts to eliminate sexual abuse in confinement. The PRC serves as a central repository for the best research in the field on trends, prevention, and response strategies, and best practices in corrections … This website consists of an extensive library, stories of efforts at compliance from around the country, information about national trainings, webinars, resources including tool kits and model policies." Points of entry include: library—legal, policy and practice, resources (curricula, training materials, toolkits and handbooks, relevant websites, resources for survivors, and tribal facilities), news coverage, research and statistics, and standards; training and technical assistance—PREA Essentials (standards for prisons and jails, lockups, community confinement facilities, and juvenile facilities), curricula, PREA in Action (readiness, embracing the standards, youthful inmate implementation, partnerships, and LGBTI youth and adults in confinement), upcoming and archived webinars, BJA demonstration sites, and Request for Assistance; audit—online system, paper instruments, process and appeals, auditor qualifications and application, list of certified auditors, trainings, Auditor Field Training Program, and Auditor Feedback Form; news and events—news of interest, and upcoming events; and FAQ.

Curricula include: Specialized Training--Investigating Sexual Abuse in Confinement Settings; Specialized Training--PREA Medical and Mental Care Standards; Preventing and Addressing Sexual Abuse in Tribal Detention Facilities--The Impact of the Prison Rape Elimination Act; Inmate Education Video; Inmate Education Resource Guide; Human Resources and Administrative Investigations Employee Training; Victim Services; Gender Responsive Strategies – Adults; Gender Responsive Strategies – Juveniles; Employee Training; Guidance on Cross-Gender and Transgender Pat Searches; and NIC E-learning Courses.

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“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, facility director or designee, PREA 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”.

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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.

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"This curriculum was developed to assist agencies in addressing training requirements found in PREA standards 115.31, 115.131, 115.231, and 115.331. Because each correctional setting represents distinct differences that cannot be captured easily in a one-size-fits-all training, it is anticipated that trainers will customize this training to more fully meet the specific needs of a particular facility or agency. To that end, it is essential that trainers work diligently with the agency PREA coordinator to collect appropriate policies and procedures referenced in the facilitator guides for each unit. Understanding and fulfilling agency policy requirements is a vital part of addressing requirements of the PREA standards .. Due to the sensitive topics covered in these training modules, it is recommended that the trainer identify a mental health practitioner or a local resource who can work with any staff who may be triggered when discussing or hearing about the topics covered in the trainings. It is important to identify the mental health provider prior to beginning each training unit or at the beginning of each day of training." This curriculum package includes presentation slides and lesson plans for the following units: Unit 1—PREA Overview and Your Role; Unit 2--Inmates’ Rights to be Free From Sexual Abuse and Sexual Harassment and Inmates’ Rights to be Free From Retaliation for Reporting; Unit 3.1--Prevention and Detection of Sexual Abuse and Sexual Harassment; Unit 3.2--Response and Reporting of Sexual Abuse and Sexual Harassment; Unit 4--Professional Boundaries; and Unit 5--Effective and Professional Communication With Inmates.

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“The PREA Resource Center (PRC) designed this PREA [Prison Rape Elimination Act] Essentials Page to guide professionals in their implementation of specific standards; therefore, this page is organized by standards categories … Each category contains: (1) a brief synopsis summarizing the standards in that category, (2) links to an online version of those standards, (3) links to helpful resources related to those standards sorted by correctional facility type, and (4) where relevant, a discussion of some key issues raised by those particular standards. The issues and resources included here are not exhaustive, but rather offer a snapshot of those that may be of particular interest to practitioners working to comply with the standards.” The standards categories are: Prevention Planning; Responsive Planning; Training and Education; Screening for Risk of Sexual Victimization and Abusiveness; Reporting; Official Response Following an Inmate/Detainee/Resident Report; Investigations; Discipline; Medical and Mental Care; Data Collection and Review; Audits and State Compliance; Lesbian, Gay, Bisexual, Trans-gender, Intersex (LGBTI) and Gender-Nonconforming Inmates; and Culture Change.

PREA Essentials Cover

This resource is a must have for your agency! “The core goal of PREA: What You Need to Know is to teach inmates about their right to be free from sexual abuse and sexual harassment. The video gives an overview of corrections policies to prevent and respond to this abuse, covering how inmates can safely report abuse, the types of victim services available to inmates following an incident of sexual abuse, and what it means for a facility to have a “zero-tolerance” policy. Corrections agencies can use this video to implement the inmate education provision in the national Prison Rape Elimination Act (PREA) standards (§ 115.33, Inmate education; § 115.132, Detainee, contractor, and inmate worker notification of the agency's zero-tolerance policy). The video contains general information that is relevant to all types of prisons, jails, and lockups” (p. 1). [NOTE: Closed Captions (CC) only work using QuickTime Player.] The Inmate Education Facilitator’s Guide to this video provides advice on how to present this video in the most effective manner to the offenders under your custody, and create inmate education materials specific to your agency and correctional facility. Topics discussed include: the importance of inmate education; the PREA standards; intake education; documenting inmate participation in education programs; ongoing inmate education; accessibility of information; and other options for customizing your video inmate education program. Appendixes provide: a glossary containing definitions to key terms; and a transcript of the video. You can find a link to the English version with English subtitles at http://media.wcl.american.edu/Mediasite/Play/28358cf4a99c4fa69227e013c52a2a5f1d, and the Spanish Version with Spanish subtitles at http://media.wcl.american.edu/Mediasite/Play/d6d8ed64fed141b6b8cccc5229a3abf51d.

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