Budget and Policy Realities PREA

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RUNNING HEAD: Budget and Policy Realities: Prison Elimination Rape Act (PREA) 1 Budget and Policy Realities: Prison Elimination Rape Act (PREA)

RUNNING HEAD: Budget and Policy Realities: Prison Elimination Rape Act (PREA) 2 The "Prison Rape Elimination Act" (PREA) was instituted to address and combat sexual assault and rape within the Federal, State, and Local correctional systems (DOJ, 2013). Introduced by Republican Senator Jeff Sessions on July 21, 2003, PREA was subsequently enacted into public law on September 4, 2003, under the designation PREA No. 108-79, garnering unanimous support from both parties in the Federal Government during the 108th Congress (DOJ, 2003). Initially put forth by Republican Frank R. Wolf (R-VA-10) of the House Judiciary Committee, his part of PREA was introduced as the Prison Rape Reduction Act of 2003 on April 4, 2003 (DOJ, 2003). Additionally, four other senators co-sponsored the bill: Senator Kennedy, DeWine, Feinstein, and Durbin. The primary objective of PREA was to examine instances of prison rape across Federal, State, and Local correctional facilities and institutions, offering vital information, funding, recommendations, and resources to prevent and safeguard individuals vulnerable to such incidents (DOJ, 2003). A pivotal mandate of PREA for jails and detention centers was the stipulation that all inmates under the age of 18 be housed separately from adults, prompting some prisons without this provision to establish new protocols to comply with the act. Alongside PREA, the National Prison Rape Elimination Commission (NPREC) was established during the presidency of George W. Bush, tasked with overseeing the formulation and drafting of standards aimed at eradicating prison rape (DOJ, 2003). Endowed with subpoena power, the NPREC ensured the timely summoning of witnesses. President Bush appointed a bipartisan panel of nine members, comprising three presidential appointees and six Congressional members, to the Commission. In June 2009, the Commission developed and published the final standards of PREA, which were subsequently submitted to the Department of Justice for review and passage as a final rule. This final rule came into effect on August 20, 2012 (DOJ, 2013).

RUNNING HEAD: Budget and Policy Realities: Prison Elimination Rape Act (PREA) 3 Historically, the primary aim of the Prison Rape Elimination Act (PREA) was to protect adult inmates and juveniles confined within the U.S. prison system from instances of cruel and unusual punishment, specifically defined in the act as sexual assault perpetrated by fellow inmates and certain correctional officers. According to a report, Congress uncovered that around 200,000 currently incarcerated offenders have either experienced or will experience sexual assault while serving their sentences (Jenness, 2011). Additionally, the report estimates that over the past two decades, more than 1,000,000 offenders have been victimized by prison rape (Jenness, 2011). Congress further substantiated these findings by revealing that 13 percent of inmates in the U.S. have endured sexual assault while incarcerated, with many subjected to repeated assaults. Notably, the mentally ill constitute the most prevalent victims within the system, surpassing the number of mentally ill inmates in all of the nation's psychiatric hospitals. Further statistics indicate that juveniles are five times more vulnerable to sexual assault within the correctional system (DOJ, 2003). The National Institute of Justice (NIJ) was the first to be granted the opportunity to investigate inmate sexual violence in prisons. In response, NIJ conducted a study titled "The Culture of Prison Sexual Violence" (National Institute of Justice, 2007). This study represents the largest scientific examination of inmates to date, delving into how inmates perceive sexual interactions within prison settings, including instances of rape. Encompassing men, women, and juvenile facilities in over 15 states, the NIJ study entailed more than 600 hours of interviews (National Institute of Justice, 2007). Notably, the study refrained from probing into inmates' personal experiences, and NIJ researchers did not inquire about whether inmates had been victims or perpetrators of rape. Instead, inmates were asked if they had awareness of sexual

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RUNNING HEAD: Budget and Policy Realities: Prison Elimination Rape Act (PREA) 4 violence occurring within their facility during their incarceration (National Institute of Justice, 2007). Due to the amalgamation of research findings concerning prison rape, Congress embraced PREA swiftly and in a bipartisan manner, recognizing the importance of addressing sexual abuse perpetrated by both staff and inmates within correctional facilities. The PREA Act applies not only to the Federal Bureau of Prisons but also to other agencies at various levels of government, including county, city, and state correctional facilities. The act sets forth standards aimed at preventing, detecting, and responding to incidents of sexual abuse and harassment in all types of correctional settings, regardless of whether they are federally operated or managed by state or local authorities. Therefore, it applies broadly across the entire correctional system in the United States. “Similarly, the PREA standards impose obligations on "agencies," which are defined as "the unit of a State, local, corporate, or nonprofit authority . . . with direct responsibility for the operation of any facility that confines inmates, detainees, or residents" (28 C.F.R. § 115.5). With these definitions established, PREA and its standards are applicable to all local jails." (Markham, 2013 ) After the prompt adoption of PREA, the Federal Bureau of Prisons initiated policies via grants, mandating states to conform to these standards or face the potential loss of at least five percent of federal funding if their governor fails to comply (Markham, 2013). This enforcement was designed to guarantee compliance with standards, ultimately culminating in the establishment of a zero-tolerance policy towards prison rape. States are required to follow the certification cycle, which begins in August of each year and ends the following August of the subsequent year (Markham, 2013). The Attorney General is responsible for issuing and supervising the national standards for the prevention, detection,

RUNNING HEAD: Budget and Policy Realities: Prison Elimination Rape Act (PREA) 5 reporting, reduction, funding determination, and punishment of PREA (Markham, 2013). Additionally, the Attorney General must submit annual reports to Congress and the Secretary of Health and Human Services regarding all reported incidents of rape to the Bureau and Panel. Section 5 of PREA assigns the National Institute of Corrections (NIC) the responsibility of providing training to Federal, State, and local authorities. As per United States G.S. 162-34, PREA mandates that any agency contracted through the federal government for inmate confinement, including private, state, local, county agencies, or other entities such as government agencies, must comply with all PREA standards. Moreover, these agencies must adhere to PREA standards when entering into new contracts or contract renewals. In accordance with 28 C.F.R. § 115.12, contractors are obligated to conduct "monitoring to ensure adherence to the PREA standards." Additionally, G.S. 162-34 and 28 C.F.R. § 115.12 extend to juvenile detention facilities, jails, court holding facilities, and police department holding facilities. It is mandated that juveniles and vulnerable individuals, including inmates, prisoners, and defendants, must be housed, and transported separately at all times. Vulnerable individuals and defendants encompass those who are gay, lesbian, transgender, or juveniles charged and convicted of an adult crime and housed in an adult facility. Stakeholders are instrumental in shaping the PREA, offering their perspectives on crucial facets of the legislation. Advocates, rape survivors, and a bipartisan group of lawmakers are among the stakeholders who have contributed to the publication of its final report and proposed standards. These standards are designed to prevent, detect, respond to, and monitor sexual abuse of incarcerated or detained individuals across the United States The Attorney General holds a pivotal role in PREA, in addition to other responsibilities. Section eight of the legislation mandates that the Attorney General is tasked with reporting and

RUNNING HEAD: Budget and Policy Realities: Prison Elimination Rape Act (PREA) 6 issuing a final ruling that incorporates national standards by issuing and monitoring national standards for the prevention, detection, reporting, and reduction of prison rape. PREA swiftly progressed through the legislative process, successfully passing through the Senate, House, and ultimately being signed into law by the President within a period of two months. The timeline unfolds as follows: The bill was introduced to the Senate on 7/21/2003, and on the same day, it received Senate approval. Subsequently, on 7/25/2003, the bill garnered approval and agreement from the House. On 9/2/2003, the bill was presented to the President, and on 9/4/2003, PERA was signed into law by the President, officially designated as Public Law No: 108-79. Critics contended that men of color are disproportionately represented and may hesitate to report instances of rape or sexual exploitation. Additionally, opponents argued that white males are more commonly victimized by African American men, further complicating reporting due to issues related to masculinity. Financial worries were also raised, with critics, including correctional officials, fearing the strain on budgets to implement protective measures for vulnerable inmates. Concerns about perceptions of victimhood, particularly among male victims, and the safety of correctional staff in cases of assault were also highlighted. Overall, opponents emphasized the challenges of implementing the legislation, including reporting dynamics, financial strains, and ensuring safety for all involved. These concerns were part of the broader debate surrounding the PREA Act and its role in addressing sexual abuse in correctional settings. The PREA audit process involves thorough evaluations of correctional facilities to ensure adherence to standards aimed at preventing, detecting, and responding to sexual abuse and harassment. The PREA Management Office (PMO), operating under the U.S. Department of Justice (DOJ), holds the primary responsibility for training and certifying auditors. The PMO designs training programs and materials to educate auditors on PREA standards, protocols, and

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RUNNING HEAD: Budget and Policy Realities: Prison Elimination Rape Act (PREA) 7 procedures. After completing training, individuals can apply for certification through the PMO and become authorized to conduct audits. Certified auditors assess facility operations, policies, and practices related to sexual abuse prevention and response during audits. Their findings are submitted to the PMO for review to ensure compliance with PREA standards. Overall, the audit process involves rigorous training and certification of auditors by the PMO to uphold PREA standards in correctional facilities. In summary, the PREA Act signifies a significant advancement in addressing sexual abuse and harassment within correctional facilities. After a decade of research and planning, the PREA was signed into public law, offering essential protection for the most vulnerable individuals during incarceration. Its implementation establishes a framework to prevent, detect, and respond to incidents of sexual violence against inmates and detainees, providing crucial safeguards. While challenges may persist and opinions on various aspects of the act may vary, inmates and prisoners now benefit from safeguards against unjustified sexual assaults. The enactment of the PREA Act demonstrates a commitment to protecting the rights and safety of individuals in custody, ensuring they receive treatment with dignity and respect.

RUNNING HEAD: Budget and Policy Realities: Prison Elimination Rape Act (PREA) 8 References Department of Justice (2003). S.1435 - Prison Rape Elimination Act . District of Columbia: United States Government, pp.Sec 4- 8. Jenness, V., & Smyth, M. (2011). The Passage and Implementation of the Prison Rape Elimination Act: Legal Endogeneity and the Uncertain Road from Symbolic Law to Instrumental Effects. Stanford Law & Policy Review , 22 (2), 489–527. Retrieved from http://ezproxy.umuc.edu/login? url= http://search.ebscohost.com.ezproxy.umuc.edu/login.a spx? direct=true&db=a9h&AN=62826812&site=eds-live&scope=site Markham, J. (2013). Does the Prison Rape Elimination Act Apply to Local Jails? . [online] NC Criminal Law Blog | UNC Chapel Hill School of Government. Available at: https://nccriminallaw.sog.unc.edu/does-the-prison-rape-elimination-act-apply-to-local- jail [Accessed 2 Nov. 2018]. National Institute of Justice. (2007). Prison Rape Research Findings | National Institute of Justice . [online] Available at: https://nij.gov/topics/corrections/institutional/prison- rape/Pages/research-findings.aspx [Accessed 2 Nov. 2018]. Worley, V. B., Worley, R. M., & Mullings, J. L. (2010). Rape Lore in Correctional Settings: Assessing Inmates’ Awareness of Sexual Coercion in Prisons. Southwest Journal of Criminal Justice, 7(1), 65–86. Retrieved from http://ezproxy.umuc.edu/login? url=http://search.ebscohost.com.ezproxy.umuc.edu/login aspx? direct=true&db=i3h&AN=57310230&site=eds-live&scope=site

Budget and Policy Realities PREA

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