Prison Rape Elimination Act (PREA): Considerations for Policy Review

A policy review guide designed to assist in drafting PREA (Prison Rape Elimination Act) policies for review by the National Institute of Corrections (NIC) is provided. Sections of this document are: purpose; questions to consider -- policy organization, definitions, zero tolerance, staff/offender duty to report, prevention, and investigations (e.g., general, selection and training of investigators, protocols, and aftermath); and list of resources

Implementing The Prison Rape Elimination Act: A Toolkit for Jails

Minor edits. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, inmate transportation vehicles, juvenile detention facilities, and community corrections facilities. Protecting arrestees, detainees, and inmates from sexual violence is part of a jail’s core mission. This toolkit will help assess your jail’s operations with an eye to improvements.” The Toolkit is divided into folders holding materials related to: introductory information about PREA [Prison Rape Elimination Act] and it Standards; a Self-Assessment Checklist with supporting forms “to provide a step-by-step process for jails to review and assess policies, procedures, and practices in light of the PREA Standards and accepted best practices”; and additional resources to assist you in PREA-readiness

Prison Rape Elimination Act (PREA) Summary of Responses from Juvenile Focus Group on Staff Sexual Misconduct and Youth on Youth Sexual Assault (Focus Group: Juvenile Justice Agencies - Addressing Rape of Youth in Correctional Custody, Overview of Current Efforts, Close out and Reactions (Delivery Strategies, Products))

Responses to thirteen questions regarding curriculum related to staff sexual misconduct with youth and youth on youth sexual assault are provided. The objectives of the focus groups included: (1) to gather data that will inform NIC [National Institute of Corrections] in how to best develop a juvenile oriented curriculum on staff sexual misconduct; (2) to gather data that will guide NIC in identifying the major staff sexual misconduct related issues in juvenile corrections, including what stakeholders should be consulted, and what strategies should be utilized in naming the issues and building knowledge about the PREA [Prison Rape Elimination Act]; and (3) to gather information related to various aspects of youth on youth sexual assault (p.2)

Panel Two: An Analysis of Women’s Health, Personal Dignity, and Sexual Abuse in the U.S. Prison System

On Friday, February 22, in Washington, DC, the U.S. Commission on Civil Rights will hold a public briefing to evaluate civil rights of women in prison, including deprivations of women’s medical needs that may violate the constitutional requirement to provide adequate medical care for all prisoners; implementation of the Prison Rape Elimination Act; and the sufficiency of programs to meet women’s needs after release.The Commission will examine consequences of discipline practices in women’s prisons and the impact on families when women are placed far from home or parental rights are terminated despite their caregiving role. Chair Catherine E. Lhamon said, “The United States has close to one-third of the world’s total incarcerated women, even though our country only has 5% of the world’s women. I look forward to receiving testimony about the experiences and conditions of confinement for women in prison, so the Commission can offer recommendations regarding adequate safeguards for the civil rights of incarcerated women.” Commissioners will hear from women who have experienced incarceration, state and federal corrections officials, academic and legal experts, and advocates. Members of the public will be able to address the Commission in an open comment session. The Commission will accept written materials for consideration as we prepare our report; submit to [email protected] no later than March 25, 2019

Panel Two: An Analysis of Women’s Health, Personal Dignity, and Sexual Abuse in the U.S. Prison System

On Friday, February 22, in Washington, DC, the U.S. Commission on Civil Rights will hold a public briefing to evaluate civil rights of women in prison, including deprivations of women’s medical needs that may violate the constitutional requirement to provide adequate medical care for all prisoners; implementation of the Prison Rape Elimination Act; and the sufficiency of programs to meet women’s needs after release.The Commission will examine consequences of discipline practices in women’s prisons and the impact on families when women are placed far from home or parental rights are terminated despite their caregiving role. Chair Catherine E. Lhamon said, “The United States has close to one-third of the world’s total incarcerated women, even though our country only has 5% of the world’s women. I look forward to receiving testimony about the experiences and conditions of confinement for women in prison, so the Commission can offer recommendations regarding adequate safeguards for the civil rights of incarcerated women.” Commissioners will hear from women who have experienced incarceration, state and federal corrections officials, academic and legal experts, and advocates. Members of the public will be able to address the Commission in an open comment session. The Commission will accept written materials for consideration as we prepare our report; submit to [email protected] no later than March 25, 2019

An End To Silence: Women Prisoners’ Handbook On Identifying And Addressing Sexual Misconduct, 2nd Ed.

The National Women’s Law Center is a non-profit organization that has been working since 1972 to advance and protect women’s legal rights. The Center focuses on major policy areas of importance to women and their families including education, employment, reproductive rights, health, family support and income security, with special attention given to the concerns of low-income women. As a legal arm of the women’s movement, the Center has litigated ground-breaking cases and filed briefs in landmark Supreme Court decisions; advocated before state and federal policymakers to shape legislation and policies affecting women’s lives; and educated the public about issues important to women. The Center’s legal expertise make it an important contributor to girls’ and women’s progress at school, at work and in almost every aspect of their lives. In 1990, the Center launched the Women in Prison Project to address the serious problems confronting women prisoners. The Project provides legal, counseling and advocacy services to over 1,500 women incarcerated by the District of Columbia Department of Corrections and the Federal Bureau of Prisons. In addition to its local direct services work, the Center works on the national level conducting public education and training, providing technical assistance to policymakers and advocates, developing resources and disseminating information on issues affecting women in conflict with the law. In 1993, the Center’s work with women prisoners prompted it to file class action litigation on behalf of all women incarcerated by the District of Columbia. In 1994, Judge June Green, of the U.S. District Court for the District of Columbia, found that women prisoners were subjected to sexual harassment and provided with programs and opportunities inferior to those provided to male prisoners. The Court found violations of the U.S. Constitution, federal statutory law and District of Columbia law and ordered broad remedial relief in the areas of sexual misconduct, obstetrical and gynecological care, education and vocational programs, and environmental safety. While portions of the Court’s order were overturned by an appellate court, the Court’s findings with regard to sexual misconduct remain. In light of the Court’s decision and the emergence of the issue of sexual misconduct nationally, the Center engaged in a three-pronged strategy which included enforcement of the Court’s order, technical assistance and training to women prisoners and corrections officials, and the development of materials for both prisoners and corrections workers. We believe that addressing sexual misconduct is at the core of assuring women’s safety in prison and that only a coordinated strategy that involves law and policy development, training of prisoners and corrections workers, and public education will reduce the occurrence of sexual misconduct

An End To Silence: Women Prisoners’ Handbook On Identifying And Addressing Sexual Misconduct, 2nd Ed.

The National Women’s Law Center is a non-profit organization that has been working since 1972 to advance and protect women’s legal rights. The Center focuses on major policy areas of importance to women and their families including education, employment, reproductive rights, health, family support and income security, with special attention given to the concerns of low-income women. As a legal arm of the women’s movement, the Center has litigated ground-breaking cases and filed briefs in landmark Supreme Court decisions; advocated before state and federal policymakers to shape legislation and policies affecting women’s lives; and educated the public about issues important to women. The Center’s legal expertise make it an important contributor to girls’ and women’s progress at school, at work and in almost every aspect of their lives. In 1990, the Center launched the Women in Prison Project to address the serious problems confronting women prisoners. The Project provides legal, counseling and advocacy services to over 1,500 women incarcerated by the District of Columbia Department of Corrections and the Federal Bureau of Prisons. In addition to its local direct services work, the Center works on the national level conducting public education and training, providing technical assistance to policymakers and advocates, developing resources and disseminating information on issues affecting women in conflict with the law. In 1993, the Center’s work with women prisoners prompted it to file class action litigation on behalf of all women incarcerated by the District of Columbia. In 1994, Judge June Green, of the U.S. District Court for the District of Columbia, found that women prisoners were subjected to sexual harassment and provided with programs and opportunities inferior to those provided to male prisoners. The Court found violations of the U.S. Constitution, federal statutory law and District of Columbia law and ordered broad remedial relief in the areas of sexual misconduct, obstetrical and gynecological care, education and vocational programs, and environmental safety. While portions of the Court’s order were overturned by an appellate court, the Court’s findings with regard to sexual misconduct remain. In light of the Court’s decision and the emergence of the issue of sexual misconduct nationally, the Center engaged in a three-pronged strategy which included enforcement of the Court’s order, technical assistance and training to women prisoners and corrections officials, and the development of materials for both prisoners and corrections workers. We believe that addressing sexual misconduct is at the core of assuring women’s safety in prison and that only a coordinated strategy that involves law and policy development, training of prisoners and corrections workers, and public education will reduce the occurrence of sexual misconduct

Curriculum: Investigating Allegations of Staff Sexual Misconduct with Offenders (Facilitator\u27s Guide)

Investigating Allegations of Staff Sexual Misconduct with Offenders is a 36-hour educational program that addresses the complex issues in investigations of staff on offender sexual abuse in correctional settings. It is primarily designed for investigators, prosecutors, human resource administrators, and high-level correctional administrators, but can be adapted for other audiences. Before the lesson plans begin on page 31, you will find background information for the instructor. First you will find the proposed program agenda for the training, a list of topics and break times. This provides the instructor with a snapshot of the entire training; each module, topic and time allowed for that module. Next, is the “Teaching Tips” section that offers suggestions for the instructor on: Selecting trainers and guest speakers Things to do prior to the training Setting up the training room Knowing your audience Using the curriculum Team teaching Teaching to maximize effectiveness Handling challenging people Responding to questions The rest of the curriculum organizes the 15 modules into lesson plans. Each module is located behind a tab and can be used as lecture notes. The goal of the training is to educate legal and correctional professionals on how to identify: The external and internal linkages that need to be made to ensure effective investigations and dispositions for staff involved staff sexual misconduct with offenders. The impact of training on successful investigations. The impact of training on all actors within the system including (administrators, line-staff, volunteers, contractors, and investigators, law enforcement and prosecutors). The objectives of the training are to ensure that participants are able to: Review the Prison Rape Elimination Act of 2003 (PREA) and identify its impact on investigations of staff sexual misconduct with persons under correctional supervision. Understand a comprehensive approach to addressing and investigating allegations of staff sexual misconduct with offenders- - policy, training and operational practices. Understand legal and investigative implications and strategies to responding to staff sexual misconduct with offenders. Understand the role of the prosecutor and review the legal tools for prosecuting staff sexual misconduct with offenders–their content, importance and relevance to investigations. Demonstrate and model how integrated relationships between police, prosecutors, investigators, and correctional personnel can help to ensure successful investigations and convictions of staff sexual misconduct with persons under correctional supervision