Overview of the 2003 Prison Rape Elimination Act (PREA)

Overview of the 2003 Prison Rape Elimination Act (PREA) These materials were developed by The Moss Group, Inc.under cooperative agreement #03P21G1Y4 awarded by the National Institute of Corrections.

Objectives • Introduce the 2003 Prison Rape Elimination Act (PREA) • Discuss the NIC role in implementing the law • Create opportunities for feedback and questions

Highlights of the Act • Supports the elimination, reduction and prevention of sexual assault within the corrections system • Mandates several national data collection activities • Provides funding for program development and additional research • Creates a national commission to develop standards and accountability measures

The Law • Public Law 108–79 signed by President Bush on September 4, 2003 • Applies to all federal and state prisons, jails, police lock-ups, private facilities and community correctional settings such as residential, parole • Includes adult and juvenile facilities • Authorization is $60 million annually. Appropriations for 2004 at $40 million – promising but no guarantee that funding will continue at full level (2004 through 2010)

What Does the Law Say About the Costs if We Don’t Implement PREA? Higher levels of violence directed at inmates and at staff within prisons Health care expenditures, inside and outside of prison systems Reduces the effectiveness of disease prevention programs by increasing the spread of HIV, AIDS, tuberculosis, hepatitis B and C, and other diseases

What Does the Law Say About the Costs if We Don’t Implement PREA? . Increases mental health care expenditures, inside and outside of prison systems Increases the rate of post-traumatic stress disorder, depression, suicide, and exacerbates existing mental illnesses among current and former inmates

What Does the Law Say About the Costs if We Don’t Implement PREA? . Liability – lawsuits from inmates who have been raped Public relations risk – bad press creates ill will in the community and the prison Risks of recidivism, civil strife, and violent crime by individuals who have been brutalized by prison rape

What Does the Law Say about the Benefitsof Implementing PREA? • Reduced liability exposure to prison rape lawsuits • Reduced prison costs in administration, medical, and mental health • Safer environment for inmates and staff

What Does the Law Say about the Benefitsof Implementing PREA? . • Protects public health from sexually transmitted diseases inmates may contract in prison • Protects public safety by releasing inmates into the community who have not been sexually assaulted in prison

Suggested Approaches to Complying with PREA… • Know the law: • Prison Rape Elimination Act • State Laws – do they offer protection for staff and inmates? • Review your agency’s history of incidents

Suggested Approaches to Complying with PREA… • Examine current training offerings for inmates and staff. • Seek opportunities for training • Develop mechanism to send a clear message to inmates and staff that prison rape will not be tolerated • NIC videoconferences • NIC seminars

Suggested Approaches to Complying with PREA… • Determine whether existing policies address: prevention and protection; investigation (e.g., procedures for collecting evidence and preserving crime scenes); mental health and medical protocols; sanctioning • Provide non-punitive protective housing/safe haven for victims

Suggested Approaches to Complying with PREA… • Examine classification systems that identify potential aggressors and vulnerable inmates • Examine systems of data collection for prevalence and final outcomes • Examine reporting mechanisms for staff and inmates

What Needs To Be Done in Community Corrections • Specific training for community corrections staff • Red Flags need to be developed across agencies and staff • Deveolp community based services to deal with the aftermath of what happens in prison

What Needs To Be Done In Community Corrections • Cultural change is needed • Probation conducts PSI on prison inmates and therefore has the ability to influence sentencing • Public education on zero tolerance • Develop policies and procedures around staff sexual misconduct • Encourage the development of funding for probation services so offenders can be safely monitored in the community

NIC Role • Inform correctional field about the PREA law and its impact • Provide technical assistance in addressing the PREA law and its provisions • Establish national clearinghouse of information • Develop annual summary report

Coming soon…. • Informational videos on PREA • Videoconferences

For Updates on PREA… The National Institute of Corrections Website: http://www.nicic.org

Overview of the 2003 Prison Rape Elimination Act (PREA)