Former Memebers of the NPREC Express Concerns Over Delay of PREA Enforcement

On November 12, 2014, the members of the former National Prison Rape Elimination Commission (NPREC) wrote to Attorney General Holder expressing "grave concern" over recent efforts to delay or weaken effective implementation of the Justice Department’s National Standards to Prevent, Detect, and Respond to Prison Rape issued on May 17, 2012 pursuant to the mandate of the Prison Rape Elimination Act (PREA)."  

The letter from NPREC stated that there was significant issue with the efforts to delay and weaken implementation of the standards. The letter specifically stated, "..... the national imperative should be to spur implementation of the standards, not to support delays.  The Senate Judiciary Committee recently proposed amendments to PREA that would reduce financial penalties for failure to comply with the DOJ’s standards, amendments that would have the untoward effort of decreasing state incentives to comply with the standards.  In addition, groups working with or for correctional agencies are seeking revisions to PREA’s penalty structure that would also reduce the incentive provided by those penalties for compliance. Finally, the Bureau of Justice Assistance (BJA) decided earlier this year to permit agencies to delay implementation of the audit standard until August 2016, a delay that coupled with the weak current requirements regarding assurances is likely to further delay implementation of the standards."

To read the letter from the former National Prison Rape Elimination Commission click here.

DOJ Announces States and Territories’ Responses to PREA Deadline
May 28, 2014

Yesterday afternoon, the US Department of Justice released the list of states certifying compliance with PREA as well as a list of states that supplied assurances or those states that are subject to a five percent reduction in funding after declining to provide an affirmation or certification of compliance.

To see the list from DOJ click here.

To read the statement from DOJ click here.

A number of news outlets also covered this story. Here is a sample of news reports:
States take steps to reduce sexual assault in prisons
These 7 GOP Governors Are Refusing to Crack Down on Prison Rape. Now the Obama Administration Is Calling Them Out
Seven states face loss of federal money over prison policies
OP-ED: Protect Kids From Rape in Adult Jails and Prisons, Don’t Delay PREA
Dispatches: US States Lag on Addressing Prison Rape (Human Rights Watch)

UPDATE: Tracking the Implementation of PREA Standards (2014)

The first Governor’s certification of PREA compliance, was a key milestone in the United States’ meeting its obligations to end sexual abuse of individuals under custodial supervision. Marking that, The Project on Addressing Prison Rape is undertaking a project to track PREA implementation. One component of this work is to look at federal grants provided under PREA to the states as well as the potential 5% loss of funding. We have compiled a chart which details funding that states and agencies have received to assist in complying with the PREA Standards. We have also collected information on the potential 5% penalty for failure to comply. This information was compiled from publically available sources and is accurate based on those publicly available sources. There may have been additions or deductions from these funds that we are not aware of.

To view the chart click here.

We are happy to receive corrections and/or additional information by email to Jaime M. Yarussi.

Former Memebers of the NPREC Issues Press Release Marking Important PREA Milestone May 15, 2014

Today marks the first time governors will inform the Department of Justice of their compliance with the PREA Standards.  Governors will provide either a certification of compliance or an assurance that indicates that while not in compliance with the standards they will use funds they would otherwise lose as a penalty for non-compliance to come into compliance.

This is an important milestone in the national struggle to eliminate sexual abuse of individuals under custodial supervision. The former members of the National Prison Rape Elimination Commission (the Commission) take this opportunity to acknowledge the hard work and perseverance of the many individuals and agencies who have worked to make the standards strong and effective, including the United States Attorney General Eric Holder, the U.S. Department of Justice, Civil Rights Division of the U.S. Department of Justice, the Bureau of Justice Assistance and the Bureau of Justice Statistics.

To read the full press release from the former National Prison Rape Elimination Commission click here.

Department of Homeland Security (DHS) Publishes PREA Standards: FINAL RULE
March 7, 2014

The Department of Homeland Security (DHS) is issuing regulations setting standards to prevent, detect, and respond to sexual abuse and assault in DHS confinement facilities.
This rule is effective May 6, 2014.

DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 115
ICEB-2012-0003
RIN 1653-AA65
Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities

The Department of Homeland Security (DHS) Draft PREA Standards Released for Public Comment (December 6, 2012)

DHS proposes to issue regulations setting standards to prevent, detect, and respond to sexual abuse and assault in DHS confinement facilities.

DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 115
ICEB-2012-0003
RIN 1653-AA65
Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities

PREA 101 Webinars

The PREA 101 Webinar Series focuses on the U.S Department of Justice’s National Standards to Prevent, Detect, and Respond to Prison Rape, released on May 17, 2012. Each webinar will provide a presentation on standards readiness and blueprints for moving forward in the various correctional settings including adult prisons, jails and lock-ups, community corrections and juvenile agencies. The goal of the series is to: (1) assist agencies in triaging their response to the standards; (2) share information and resources; and (3) answer questions.

PREA 101 transcripts and materials are now located at http://www.wcl.american.edu/endsilence/webinars.cfm

PREA Standards

UPDATE: Comparing PREA Standards from NPREC Inception to Final DOJ Standards.
May 2012
The Project on Addressing Prison Rape worked on a side-by-side comparison of the DOJ proposed PREA standards for adult prisons and jails, community corrections, juveniles and lock-up facilities in 2011 when DOJ released proposed standards. The Project has updated those comparison charts as an analytical tool and to assist individuals and organizations in understanding the standards. The comparison charts condense the document for each of the four types of standards that were released. Each chart contains: (1) the initial National Prison Rape Elimination Commission (NPREC) standard; (2) the revised DOJ standard; (3) DOJ’s final standard; and (4) an area for analysis. Currently we are working to analyze the standards and will revise these publications once we have done so. Until then feel free tocontact us with questions about these charts or the standards themselves.

Comparison Chart for Adult Prisons and Jails

Comparison Chart for Lock-up Facilities

Comparison Chart for Juvenile Justice Agencies

Comparison Chart for Community Corrections

FINAL PREA STANDARDS RELEASED May 17, 2012

The standards are available at http://www.ojp.usdoj.gov/programs/pdfs/prea_final_rule.pdf . Please review them carefully and feel free to contact us with any questions (202-274-4385 OR endsilence@wcl.american.edu).

Presidential Memorandum: Implementing the Prison Rape Elimination Act
To read the press release from The Project on Addressing Prison Rape click here.

Comparing PREA Standards: Changes by the U.S. Department of Justice
February 2011

The Project on Addressing Prison Rape worked on a side-by-side comparison of the DOJ proposed PREA standards for adult prisons and jails, community corrections, juveniles and lock-up facilities. The Project developed comparison charts as an analytical tool and to assist individuals and organizations in understanding and commenting on the standards. The DOJ notice of proposed rulemaking is quite large as is the document on the DOJ website. The comparison charts condense the document for each of the four types of standards that were released. Each chart contains: (1) the initial National Prison Rape Elimination Commission (NPREC) standard; (2) the revised DOJ standard; (3) DOJ’s reasoning for the change to the extent they provided one; (4) questions DOJ posed in relation to that specific standard; AND (5) an area for your analysis.

Comparison Chart for Adult Prisons and Jails

Comparison Chart for Lock-up Facilities

Comparison Chart for Juvenile Justice Agencies

Comparison Chart for Community Corrections

We invite you to contact us with questions and your own comments. Click here to send us your questions and comments.

DOJ Releases DRAFT PREA Standards for Public Comment
February 3, 2011

The Department of Justice ( Department) has under review national standards for combating sexual abuse in confinement settings that were prepared by the National Prison Rape Elimination Commission (Commission) pursuant to the Prison Rape Elimination Act of 2003 (PREA) and recommended by the Commission to the Attorney General. On March 10, 2010, the Department published an Advance Notice of Proposed Rulemaking (ANPRM) to solicit public input on the Commission’s proposed national standards and to receive information useful to the Department in publishing a final rule adopting national standards for the detection, prevention, reduction, and punishment of prison rape, as mandated by PREA. The Department is now publishing this Notice of Proposed Rulemaking to propose such national
standards for comment and to respond to the public comments received on the ANPRM.

Click here for the Federal Register notice.

PREA Standards: Cost Study Released by The Office of Justice Programs

The Office of Justice Programs has released the PREA Cost Impact Analysis. This report “is the final report of the Prison Rape Elimination Act (PREA) Cost Impact Analysis, an effort to assist the Bureau of Justice Assistance (BJA) in the review of the standards published by the National Prison Rape Elimination Commission (NPREC) on June 23, 2009. This document assesses the costs specific to each standard, assesses variations within the cost estimates, and addresses a comprehensive view of implementation and compliance on a national level. It covers five sectors of correctional operations: state prison systems, state and local juvenile facilities, community corrections, and local/county jails, police lockups.” For a copy of the report click here.

Comments for PREA Standards

The Department of Justice (Department) is reviewing national standards for enhancing the prevention, detection, and response to sexual abuse in confinement settings that were prepared by the National Prison Rape Elimination Commission (Commission) pursuant to the Prison Rape Elimination Act of 2003 (PREA) and recommended by the Commission to the Attorney General. The Department issued an Advance Notice of Proposed Rulemaking to solicit public input on the Commission's proposed national standards and to receive information useful to the Department in publishing a final rule adopting national standards for the detection, prevention, reduction, and punishment of prison rape, as mandated by PREA. Below is a selection of comments provided to the Project on Addressing Prison Rape for posting.

The National Prison Rape Elimination Commission
The Project on Addressing Prison Rape
The National Alliance to End Sexual Violence
ACLU, Lambda, NCLR, NCTE and TLC

Final PREA Standards by the National Prison Rape Elimination Commission
RELEASED: June 23, 2009

Executive Summary
Report
Standards for Adult Prisons and Jails
Standards for Lock-ups
Standards for Juvenile Facilities
Standards for Community Corrections