Inmate sexual assault
<p>Instructions are provided to state governors on how to show their state is in compliance with the Prison Rape Elimination Act (PREA). The two attached forms are to be used to indicate their state’s compliance with PREA or the state’s intent not to use more than 5% of certain federal grants to achieve full compliance. The grants involved are the Edward Byrne Memorial Justice Assistance Grant Formula Program, the Juvenile Justice and Delinquency Prevention Act Formula Grant Program, and the STOP (Services, Training, Officers, and Prosecutors) Violence Against Women Formula Grant Program. Attached are copies of the “Certification Regarding Adoption and Full Compliance with the National Standards to Prevent, Detect, and Respond to Prison Rape” and the “Assurance to Utilize Department of Justice Grants to Achieve Full Compliance with the National Standards to Prevent, Detect, and Respond to Prison Rape”.</p>
This website provides access to written testimony and meeting transcripts for: Hearings on Sexual Victimization in U.S. Jails, January 8, 2014; Hearings on Sexual Victimization in U.S. Prisons, January 8, 2014; and Hearings on Sexual Victimization in U.S. Juvenile Correctional Facilities, January 9, 2014. Dr. Reginald Wilkinson introduced the hearings by saying, “At times over the next day and a half, we are going to hear testimony from juvenile agencies, from adult institutional agencies, and adult detention agencies … The hearings have always been very important to the field, not just because of the witnesses who will testify, but we use that information to help understand more about the processes that agencies use to abate the problem of sexual misconduct in correctional institutions throughout the United States. We recognize also that a lot of work has gone into making sure that agencies have the tools to abate the problem. The prison rape statute now is going on eleven-years old. A lot has taken place. The PREA Commission has performed its work. They should be proud that the standards are now duly in place; and that actual hearings or actual audits are taking place on the now promulgated standards.”
Rape crisis advocates and other victim services providers need to read this publication. It is full of vital information these professionals need in order to address the needs of victims who have been sexually assaulted in a correctional facility. “This manual aims to help advocates take advantage of the unprecedented opportunity created by the PREA [Prison Rape Elimination Act] standards. It also seeks to anticipate some of the challenges that come with helping survivors who are incarcerated. While the core principles that underpin crisis services remain the same in any setting, many advocates have limited experience providing services inside prisons and jails. The manual addresses the ways in which detention facilities are culturally distinctive, how this culture can make it difficult to deliver services to inmates, and what advocates can do to overcome these obstacles” (p. 37). Sections comprising this report are: introduction; an overview of sexual abuse behind bars; the importance of advocates; overcoming barriers to providing service behind bars; guiding principles to serving survivors in custody; hospital accompaniment for survivors; hotline services for inmates; prisoner correspondence; in-person services in detention settings; and conclusion.
This is a 24-hour training covering the national Prison Rape Elimination Act Standards and implications for responding to the different needs of men, women and LGBTI inmates who are sexually abused in custody.
Following are the goals of the training.
- Review the Prison Rape Elimination Act (PREA) standards and identify their impact on administrative investigations and human resources.
- Identify components of investigative and human resource policies and procedures as they relate to sexual abuse of persons in custody.
- Understand the legal and investigative implications of and strategies for responding.
- Intended audience (similar to what we have done for webinars—please provide a list of who is best suited to receive the training)
The audience for this particular training is high-level correctional administrators in leadership positions who have the ability to initiate intra-agency change. Likely trainees include deputy commissioners, lead human resources personnel, general counsel, lead administrative investigators, PREA coordinators, PREA compliance managers, jail administrators, and division directors.
“In 2003 Congress passed the Prison Rape Elimination Act (PREA) to protect individuals against sexual abuse and assault in confinement settings, including persons potentially subject to removal from the United States housed in DHS’s [U.S. Department of Homeland Security’s] detention facilities. GAO was asked to review DHS efforts to address issues of sexual abuse and assault in immigration detention facilities. This report examines (1) what DHS data show about sexual abuse and assault in immigration detention facilities, and how these data are used for detention management; (2) the extent to which DHS has included provisions for addressing sexual abuse and assault in its detention standards; and (3) the extent to which DHS has assessed compliance with these provisions and the results. GAO reviewed documentation for 215 sexual abuse and assault allegations reported to ICE [U.S. Immigration and Customs Enforcement] headquarters from October 2009 through March 2013; analyzed detention standards and inspection reports; and visited 10 detention facilities selected based on detainee population, among other things. The visit results cannot be generalized, but provided insight.” Sections of this report include: background; ICE sexual abuse and assault allegations data are not complete, which could limit their usefulness for detention management; sexual abuse and assault provisions in detention standards vary in content and applicability across facilities; DHS focused its sexual abuse and assault oversight on facilities housing most detainees and found most facilities compliant with provisions; conclusions; recommendations for executive action; agency comments and GAOs evaluation. Appendixes provide: Process for Reporting and Investigating Sexual Abuse and Assault Allegations; Provisions for Sexual Abuse and Assault Prevention and Intervention Included in Immigration Detention Standards; NPREC Recommendations Compared with DHS Detention Standards and PREA Notice of Proposed Rulemaking; DHS PREA Notice of Proposed Rulemaking Compared with DOJ PREA Rule; and Enforcement and Removal Operations 2008 and 2011 Sexual Abuse and Assault Provisions Inspection Checklists.
UPDATED 11/26/13: Minor edits. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, inmate transportation vehicles, juvenile detention facilities, and community corrections facilities. Protecting arrestees, detainees, and inmates from sexual violence is part of a jail’s core mission. This toolkit will help assess your jail’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 jails 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.
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.
Problems with the investigation of sexual assaults (inmate on inmate sexual assault and staff sexual misconduct) in correctional facilities are discussed. Sections following an executive summary are: inmate-related issues in investigating sexual violence; staff barriers to investigations; investigating staff sexual misconduct; additional issues affecting investigations; outside factors; and conclusion.
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).