PREA (PRISON RAPE ELIMINATION ACT)
- Passed in 2003
- The purpose of the act was to provide information, resources, recommendations and funding to protect individuals from prison rape.
8 IMPORTANT FUNCTIONS OF PREA:
- Make prevention a top priority.
- Sets National standards for detection, prevention, reduction, prosecution and punishment.
- Increases data collection to determine prevalence of sexual abuse and develop applicable responses.
- Standardizes definitions for collecting data.
- Increases accountability of officials who fail to detect, prevent, reduce and prosecute sexual assault.
- Protects Inmates 8th Amendment rights.
- Established requirements for accreditation organizations to adopt accreditation standards (PREA)
- Impacts health care, mental health care, disease prevention, crime prevention, investigation and prosecution, physical plant, maintenance and operation; race relations, poverty, unemployment and homelessness.
HOW DOES PREA AFFECT YOU?
- PREA promotes good operational practices regarding safety and security
- PREA Standards give direction to:
- Cross gender Supervision
- First Responders
- Agencies are required to screen all inmates / offenders for rape risk.
- Agencies must also have a method to receive complaints to include anonymous complaints.
- According to PREA, inmates will be searched according to physiognomy (genitalia).
- With transgender searching, PREA prohibits “duel” searching (2 people of opposite gender searching the transgender inmate).
- There are three practices consistent with PREA for assigning staff to perform pat searches on transgender and intersex inmates and residents:
- Option 1: Searches are conducted only by medical staff;
- Option 2: Searches are conducted by female staff only, since there is no prohibition on the pat-searches female staff can perform (except in juvenile facilities).
- Option 3: Asking inmates to identify the gender of staff with whom they would feel most comfortable. This preference can be documented at intake.
- According to PREA, for the purposes of housing, inmates will be housed according to their gender identity.
With regards to both housing and searching transgender and intersex inmates, all actions accommodations should be documented.