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The Prison Rape Elimination Act of 2003 (PREA) is the first United States federal law passed dealing with the sexual assault of prisoners. The bill was signed into law on September 4, 2003. PREA covers all adult as well as juvenile detention facilities. The Act supports the elimination, reduction and prevention of sexual assault and rape within corrections systems; mandates national data collection efforts; provides funding for program development and research; creates a national commission to develop standards and accountability measures; applies to all federal, state and local prisons, jails, police lock-ups, private facilities and community settings such as residential facilities.

PREA defines "prison" quite broadly. Within the context of PREA, prison is defined as "any federal, state, or local confinement facility, including local jails, police lockups, juvenile facilities, and state and federal prisons." Thus short-term lockups, such as holding facilities and local jails regardless of size are also subject to the provisions of PREA.

The Prison Rape Elimination Act of 2003 (PREA) is the first United States federal law passed dealing with the sexual assault of prisoners. The bill was signed into law on September 4, 2003. PREA covers all adult as well as juvenile detention facilities. The Act supports the elimination, reduction and prevention of sexual assault and rape within corrections systems; mandates national data collection efforts; provides funding for program development and research; creates a national commission to develop standards and accountability measures; applies to all federal, state and local prisons, jails, police lock-ups, private facilities and community settings such as residential facilities. PREA defines "prison" quite broadly. Within the context of PREA, prison is defined as "any federal, state, or local confinement facility, including local jails, police lockups, juvenile facilities, and state and federal prisons." Thus short-term lockups, such as holding facilities and local jails regardless of size are also subject to the provisions of PREA.

"ZERO" tolerance policy against sexual abuse within juvenile facilities:

The Carson City Juvenile Probation Department has a zero-tolerance policy regarding sexual assault, sexual abuse and sexual harassment. Residents of probation facilities, individuals under probation supervision, probation staff, volunteers and collaborative partners have a right to an environment that is free from sexual abuse, sexual assault and sexual harassment.

The department will fully investigate and immediately address all allegations of sexual assault, sexual abuse and sexual harassment to include criminal and administrative sanctions as appropriate. Probation staff are required to immediately report any instance of suspected or observed sexual abuse, sexual assault or sexual harassment verbally to a supervisor or administrator then to document the matter in writing within 24-hours. Probation staff are required to immediately intervene when they suspect or observe sexual abuse, sexual assault or sexual harassment.

No probation staff member, individual subject to probation supervision, facility resident, volunteer, or collaborative partner will be subject to retaliation for acting in good faith to intervene in, report or document any incident of sexual abuse, sexual assault or sexual harassment.

 

 

What is PREA?

The Prison Rape Elimination Act (PREA) is a federal law, Public Law 108-79, signed into law in September 2003. PREA establishes a zero-tolerance standard against sexual assaults and rapes of incarcerated persons of any age. This makes the prevention of sexual assault in probation department juvenile facilities a top priority.

PREA sets a standard that protects the Eighth Amendment right (constitutional right prohibiting cruel or unusual punishment) of federal, state, and local youth offenders.

It also increases collection of nationwide data on sexual misconduct and sexual assaults on confined persons. It increases accountability for administrators who fail to prevent, reduce, and punish sexual misconduct and sexual assaults.

To whom does PREA apply?

PREA applies to all public and private institutions that house juvenile and/or adult offenders, male or female.

What is the National Prison Rape Elimination Commission?

PREA established a National Prison Rape Elimination Commission (NPREC) with nine members appointed by both the President and Congress. The Commission’s primary mission is to carry out a comprehensive legal and factual study of the impact of prison rape in the United States. The Commission is charged with studying federal, state and local government policies and practices related to the prevention, detection, response and monitoring of sexual abuse in correction and detention facilities in the United States. The NPREC studies all types of sexual abuse affecting persons of any age who are in confinement in the U.S.

PREA Links 
• 
An End to Silence
• 
National Institute of Justice
• 
Office of Justice Programs
• 
National PREA Resource Center
• 
National Institute of Corrections

Note: PREA, Public Law 108-79, Sept. 4, 2003 (pdf)

Last updated: 1/10/2014 12:40:02 PM