“The purpose of this regulatory action is to set standards to prevent, detect, and respond to sexual abuse in Department of Homeland Security (DHS) confinement facilities. Sexual violence, against any victim, is an assault on human dignity and an affront to American values” (p. 13100).
Provisions of these standards are broken down into parts covering “two distinct types of facilities: (1) Immigration detention facilities, which are overseen by ICE and used for longer-term detention of aliens in immigration proceedings or awaiting removal from the United States; and (2) holding facilities, which are used by ICE and U.S. Customs and Border Protection (CBP) for temporary administrative detention of individuals pending release from custody or transfer to a court, jail, prison, other agency or other unit of the facility or agency” (p. 13101).
Sections of this final rule include: abbreviations; executive summary; estimated costs and benefits; background to sexual assault during custody; and a detailed discussion of the Prison Rape Elimination Act (PREA). Standards comprising Part 115 of Title 6 of the U.S. Code of Federal Regulations (CFR) are: definitions; Subpart A—Standards for Immigration Detention Facilities—coverage, prevention planning, responsive planning, training and education, assessment for risk of sexual victimization and abusiveness, reporting, official response following a detainee report, investigations, discipline, medical and mental care, data collection and review, audits and compliance, and additional provision in agency policies; Subpart B—Standards for DHS Holding Facilities--containing the same paragraph designations but with regulations applicable to DHS holding facilities; and Subpart C—External Auditing and Corrective Action—scope of audits, auditor qualifications, audit contents and findings, audit corrective action plan, and audit appeals.
This 2-hour program in a town hall format was broadcast live from the American Correctional Association's Winter Conference in Phoenix, Arizona on January 10, 2005. The discussion panel includes various leaders working in and with corrections and criminal justice professionals. The intent of the broadcast is to provide education and up-to-date information on the Prison Rape Elimination Act (PREA) to the field of corrections. Discussion topics include the following: issues of misconduct that initiated the legislation; what drove the Act through Congress; and the issue of misconduct.
“Sexual abuse in custody can and often does have lifelong effects on youth. Youth who are sexually abused or experience sexual violence can suffer higher rates of drug use, have disproportionate contact with the criminal justice system into adulthood, become victimizers, and/or have higher rates of mental illness than youth who do not suffer sexual abuse.1 In addition, sexual abuse by staff or other youth in custody compromises safety and security as well as the overall mission of juvenile justice systems—to protect and rehabilitate youth … This handbook aims to educate juvenile justice professionals about the following: Why juvenile justice professionals should be concerned about sexual abuse of youth in custody; How culture and environment contribute to sexual abuse of youth in custody; Tools that will help identify, address, and respond to sexual abuse of youth in custody; How to investigate allegations of sexual abuse of youth in custody; Useful legal tools for prosecuting sexual abuse of youth in custody; [and] Preventive measures for juvenile justice agencies” (p. 1). Sections of this handbook include: introduction; the landscape of juvenile justice agencies; sexual abuse of youth in custody; youth in custody—the role of adolescent development in preventing sexual abuse; culture of youth facilities; identifying inappropriate staff-on-youth and youth-on-youth relationships; medical and mental health care for victims; investigating sexual abuse of youth in custody—duties of a first responder; rights of staff when an allegation of staff sexual misconduct is made; legal liability and sanctions for sexual abuse of youth in custody; preventive strategies; and conclusion.
Presents a report that "fulfills the requirement in section 5(b) of the Prison Rape Elimination Act of 2003 (PREA) for the National Institute of Corrections (NIC) to submit an annual report to Congress and to the Secretary of Health and Human Services, summarizing the activities of the Department of Justice regarding prison rape abatement for the preceding year" (p. 3). This report is divided into two parts: introduction; and activities and accomplishments by five U.S. Department of Justice agencies. Also included is "Rape and Coercive Sex in American Prisons: Interim Findings and Interpretation on Preliminary Research" by Mark S. Fleisher.
“Many custodial facilities have implemented anti-fraternization policies that regulate contact between staff and inmates. These policies either limit, or altogether prohibit, interactions between employees and current or former inmates and their families. Correctional employees who are adversely affected by their agency’s anti-fraternization policies most often challenge these polices under the First Amendment, which guarantees the right to freedom of association. Courts generally uphold the agency’s anti-fraternization policy against such challenges, and cite the agency’s interest in maintaining a safe and secure facility. This document provides an overview of how courts across various jurisdictions have responded to employees’ challenges to anti-fraternization policies.” Cases are organized according to cases upholding agency anti-fraternization policies or cases not upholding agency anti-fraternization policies by Circuit and its related states.
Critical issues related to staff sexual misconduct with offenders are discussed. Sections of this handbook are: introduction; the need to talk about this now; what staff sexual misconduct entails; consequences of staff sexual misconduct; how correctional environments enable sexual misconduct; victimization; communication, gender, and abuse histories; tools for defining and identifying inappropriate relationships with offenders; what happens when an allegation of staff sexual misconduct is made; what are your rights during a staff sexual misconduct investigation; the legal consequences; prevention; and conclusion. Also included is a copy of the "50 State Survey of Criminal Laws Prohibiting the Sexual Abuse of Individuals Under Correctional Supervision."
"Because the U.S. is unable to prevent widespread sexual violations of incarcerated women, it should apply the prescriptions of a recent U.K. female prison abolitionist movement as the most effective and humane solution to the problem." This article explains how. It is divided into the following six parts: introduction; victims of U.S. prisons; mass incarceration's offense; the terror of sexual victimization; PREA's [Prison Rape Elimination Act's] failure--the scope of PREA, and the ineffectiveness of PREA and its predecessors; the U.K. abolitionists solution--incarceration in the U.K., early calls for reform, and the Prison Reform Trust proposal; alternatives to the punishment of incarceration; and conclusion.
A job profile for an Internal Affairs Investigator in state operated adult correctional facilities is provided. This report contains these sections: executive summary; introduction; overview of the DACUM job analysis; DACUM job analysis results for Correctional Internal Affairs Investigators; top training tasks for new and veteran Internal Affairs Investigators in the Kentucky Department of Corrections; comparing Correctional Investigator training needs with the Prison Rape Elimination Act (PREA); PREA Training Topic Exercise; and focused conversation. Appendixes include: a detailed overview of the DACUM job analysis process; PREA Subject Matter Expert Review of Investigator Job Profile; knowledge, skills, traits exercise; and Department of Corrections DACUM Job Analysis Chart.
“In the following, we review the literature relevant to the study of violence and safety in women’s prison. We begin with the demographic and background characteristics of female offenders. The pathways model is then described, which emphasizes the life experiences of women that contribute to criminal behavior. This review will then describe the subcultural elements of women’s prisons that influence vulnerabilities, victimization, and violence. The types and prevalence of violence in women’s prisons, particularly sexual assault, are also summarized. A summary of the National Inmate Survey, a PREA-mandated data collection that measures inmate self-reports is provided. This review then provides a summary of recent research by the authors that examines the context of gendered violence and safety in women’s correctional facilities and results from a project that sought to validate an instrument intended to measure women’s perceptions of safety and violence” (p. 1).
"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.