Topics covered include: some religious issues in jails--head coverings, skirts, Religious Land Use and Institutionalized Persons Act (RLUIPA) and inmates claims, kosher diet, and sincere religious beliefs; Bits and Pieces—Rastafarian dreadlocks search, tobacco ban, and psychogenic polydipsia; and Prison Rape Elimination Act (PREA) enforcement.
“This publication provides an introduction to mandatory reporting laws, and how these laws can help corrections officials respond to sexual abuse in custodial settings, both offender-on-offender and staff sexual misconduct. The importance of mandatory reporting laws cannot be overstated, given recent scandals involving the abuse of vulnerable populations, including youth. This publication provides insight into the utility of mandatory reporting laws, in light of the enactment of the Prison Rape Elimination Act of 2003 (PREA).” Sections comprising this paper are: introduction; background—the Prison Rape Elimination Act (PREA) of 2003; mandatory reporting and juveniles—who a juvenile is, who the mandatory reporter is, what the standard of proof is, and consequences of failing to report; mandatory reporting and vulnerable persons—who a vulnerable person is, who the mandatory reporter is, what the standard of proof is, and consequences for failing to report; bringing correctional settings in line with state mandatory reporting requirements—reporting procedures, and other issues to consider such as what to report and retaliation; and conclusion.
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.
Millbrook was being held in the custody of the U.S. Federal Bureau of Prisons (BOP) when she was sexually assaulted. She contends that sovereign immunity does not apply to the officers in this instance since the Federal Tort Claims Act (FTCA) waives their immunity. The Supreme Court agreed that the FTCA allows for suits to be brought against federal law enforcement officers for committing intentional torts during the performance of their jobs. This judgement will positively impact the ability of federal inmates to file lawsuits against federal officers who commit sexual attacks in federal correctional facilities.
"Presents national and state-level data on the number of inmate deaths that occurred in local jails and state prisons, the distribution of deaths across jails, and the aggregate count of deaths in federal prisons. The report presents annual counts and 14-year trends between 2000 and 2013 in deaths in custody. It provides mortality rates per 100,000 inmates in custody in jail or prison; details the causes of death, including deaths attributed to homicide, suicide, illness, intoxication, and accidental injury; describes decedents' characteristics, including age, sex, race or Hispanic origin, legal and hold status, and time served; and specifies the state where the deaths occurred. Data are from the Bureau of Justice Statistics' Deaths in Custody Reporting Program, initiated in 2000 under the Death in Custody Reporting Act of 2000 (P.L. 106-297). Some highlights include: local jail inmate deaths increased 1%, from 958 deaths in 2012 to 967 deaths in 2013; suicides in local jails increased 9%, from 300 suicides in 2012 to 327 in 2013; deaths in prison increased from 3,357 in 2012 to 3,479 in 2013, reaching the highest number since the prison data collection began in 2001--total number of deaths increased 4% between 2012 and 2013; Illness-related deaths accounted for 89% of all deaths in prison in 2013.
"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.
"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.
“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”.
“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.