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Inmate sexual assault

"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.

Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, and Intersex Persons in Custodial Settings, 2nd Edition cover

“These documents comprise the instrument that auditors will use to audit the U.S. Department of Justice's PREA Standards for Prisons and Jails, pending final revisions.” Elements comprising this instrument are: “Process Map” describing the audit process from start to finish; “Checklist of Documentation”; “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, Warden or Designee, PREA Compliance Manager/Coordinator, Specialized Staff, General Staff, and Inmates/Detainees: “Auditor Report” template; and the “PREA Compliance Measures Handbook: Prisons and Jails”.

PREA Audit Instrument – Prisons and Jails Cover

The Prison Rape Elimination Act of 2003 (PREA, P.L. 108-79) was enacted by Congress to address the problem of sexual abuse of persons in the custody of U.S. correctional agencies. The National Institute of Corrections has been a leader in this topic area since 2004, providing assistance to many agencies through information and training resources.

Major provisions of PREA include:

  • Adherence to a zero-tolerance standard for the incidence of inmate sexual assault and rape;
  • Development of standards for detection, prevention, reduction, and punishment of prison rape;
  • Collection and dissemination of information on the incidence of prison rape; and
  • Award of grant funds to help state and local governments implement the purposes of the Act.

The Act applies to all public and private institutions that house adult or juvenile offenders and is also relevant to community-based agencies. It addresses both inmate-on-inmate sexual abuse and staff sexual misconduct. On June 23, 2009, the National Prison Rape Elimination Commission released and forwarded to the U.S. Attorney General its final report and proposed standards to prevent, detect, respond to and monitor sexual abuse of incarcerated and detained individuals. Based on the Attorney General's independent judgment, a final rule was published to the Federal Register on June 20, 2012. Links to the Federal Register, the Commission report and executive summary, the final standards, and other relevant documents are provided in the "Related Web Sites" sidebar to the left.

A special thanks goes to Jefferson County Sheriff's Office for the photograph.

“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”.

PREA Audit Instrument – Community Confinement Facilities cover

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.

PREA Audit Instrument – Juvenile Facilities Cover

“These documents comprise the instrument that auditors will use to audit the U.S. Department of Justice's PREA Standards for Lockups.” 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 detainees: “Auditor Summary Report” template; “Process Map” describing the audit process from start to finish; and “Checklist of Documentation”.

PREA Audit Instrument – Lockups Cover

“This feature of the PRC’s website seeks to support confinement facility and agency efforts toward PREA compliance by providing detailed information about the audit instrument, the audit process, and auditor certification. The PRC will also use this section to provide continuing guidance from the Department of Justice related to the audit process.” Access is provided to: audit instruments for adult prisons and jails, lockups, community confinement facilities, and juvenile facilities; the audit process; auditor qualifications and application; list of certified auditors; and auditor trainings.

PREA Audit Resources Cover

Activities of the U.S. Bureau of Justice Statistics (BJS) related to prison rape during the 2012 calendar year are documented.

PREA Data Collection Activities, 2013 Cover

"During 2013 and the first 4 months of 2014, BJS issued four reports: In May 2013, BJS published estimates of sexual victimization based on reports by inmates in adult prisons and jails; in June 2013, BJS published estimates of sexual victimization based on reports of youth held in juvenile facilities; and in January 2014, BJS issued two reports analyzing administrative records of sexual victimization in adult correctional facilities based on the Survey of Sexual Violence (SSV). In addition, BJS began further analysis of the past inmate self-report surveys to provide a fuller understanding of facility- and individual-level predictors of sexual victimization." Some of the highlights from these reports are: the number of allegations has risen since 2005, largely due to increases in prisons, where allegations increased from 4,791 allegations to 6,660 in 2011 (up 39%); 52% of substantiated incidents of sexual victimization in 2011 involved only inmates, while 48% of substantiated incidents involved staff with inmates; and among the estimated 1,390 youth who reported victimization by staff, 89.1% were males reporting sexual activity with female staff, and 3.0% were males reporting sexual activity with both male and female staff.

PREA Data Collection Activities, 2014 Cover

"The report summarizes BJS's efforts during 2014 and the first 5 months of 2015, which included analyzing administrative records of sexual victimization in adult correctional facilities based on the Survey of Sexual Violence (SSV), implementing changes to the SSV and completing data collection, and, for the first time, providing estimates of the rates of sexual victimization among transgender inmates" … Some of the highlights from this profile include: administrators of adult correctional facilities reported 8,763 allegations of sexual victimization in 2011, a statistically significant increase over the 8,404 allegations reported in 2010 and 7,855 in 2009; the number of allegations has risen since 2005, largely due to increases in prisons, where allegations increased from 4,791 allegations to 6,660 in 2011 (up 39%); about 52% of substantiated incidents of sexual victimization in 2011 involved only inmates, while 48% of substantiated incidents involved staff with inmates; among the estimated 1,390 youth who reported victimization by staff, 89.1% were males reporting sexual activity with female staff, and 3.0% were males reporting sexual activity with both male and female staff. In comparison, males comprised 91% of adjudicated youth in the survey, and female staff accounted for 44% of staff in the sampled facilities; and in 2011–12, an estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months.

PREA Data Collection Activities, 2015 cover

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