PREA
What is PREA?
The Prison Rape Elimination Act, which was signed into law by President Bush on September 4, 2003.
What is the purpose of PREA?
PREA is intended to address the detection, prevention, reduction and prosecution of all sexual assault in all correctional facilities in the country.
To what facilities does PREA apply?
Priosns, jails, police lock-ups, juvenile facilities, immigration detention centers, court holding facilities and community corrections (home monitorong, probation, parole, half-way houses).
What constitutes staff sexual misconduct with offenders?
Staff sexual misconduct with offenders is generally defined as any behavior or act of a sexual nature by:
- a correctional employee (sworn or civilian, managers, administrators, supervisors, line officers, supervisors of offenders on work release)
- a contractor
- a food service employee
- a maintenance worker
- a volunteer
- a medical or mental health staff member (clinical staff and counselors)
- a member of the clergy
- vendors
- youth workers
- teachers
Are offenders the only potential victims of sexual misconduct under PREA?
No. Sexual misconduct can target not only a person under the care and custody of any correctional authority, but also offender's family members and any other person who has official contact with the Department on behalf of offenders (lawyers, social workers, mental health professionals or victim advocates).
What are the possible dispositions of PREA reports?
Substantiated reports are those where an investigation determined an incident did occur. Unsubstantiated reports are those where evidence was insufficient to make a final determination an incident occurred. Unfounded reports are those where an incident was determined through investigation as not having occurred.
How much of a problem is sexual assault within the Montana Department of Corrections?
in 2008, there were 32 reports of staff-on-inmate incidents. Six were substantiated and referred for prosecution, 11 were unsubstantiated, 3 were unfounded and 13 investigations are ongoing.
What does the federal law require of each state?
At this time, PREA actually mandates very little other than data collection until PREA standards are published. It is anticipated that the final report on PREA standards develpoed by the National Prison Rape Elimination Act Commission will be released to the U.S. Attorney General. PREA requires the attorney general, within one year of receiving the Commission's report, to publish a final rule adopting national standards for the detection, prevention, reduction and punishment of prison rape.
What is the Department of Corrections doing to implement PREA in Montana?
The Department has implemented a zero-tolerance policy relating to the sexual assault/rape of offenders and recognizes those offenders as crime victims. The Department immediately responds to allegations, fully investigates reported incidents, pursues disciplinary action, and refers for investigation and prosecution those who perpetrate such conduct.
Who leads the PREA effort within the Department?
While all employees are responsible for ensuring copliance with PREA, the agency has two employees dedicated to the program. The PREA coordinator is responsible for monitoring compliance with the federal law and department sexual assault policies in department and contracted facilities and programs and supervises the PREA investigator. The PREA investigator, a sworn law enforcement officer, is responsible for the investigation of sexual misconduct allegations in department and contracted facilities and programs, including violations of policies or rules, offender appeals, discipline and staff misconduct.
How is DOC attempting to educate offenders and staff about PREA?
In addition to implementing policies, the Department requires every offender and employee to attend training on preventing sexual harassment, sexual assault and inappropriate relationships between staff and offenders. As of December 2008, more than 3,500 staff and 7,200 offenders had completed PREA related training.
What happens if Montana doesn't comply with PREA requirements?
Montana could face a 5 percent reduction in federal criminal justice funding for each year that the state is not in compliance.
Who determines whether a state is in compliance?
The U.S.Attorney General will verify a state's compliance with PREA standards and has drafted an action plan to achieve full compliance with the standards.In order for such certification to be meaningful, it must be based primarily on the conclusions of a competent auditor who has documented evidence that the state has met these standards or has a plan to meet these standards and, most importantly, that offenders are in factsafe from all forms of sexual abuse.
What is the cost of implementing PREA in Montana?
The Department received $884,728 in federal funds from the Protecting Inmates, Safeguarding Communities grant program administered by the U>S> Department of Justice's bureau of Justice Assistance, These funds covered all personnel and operating costs for PREA implementation and will expire June 30, 2009. No federal appropriations have been made to continue this funding. The Department has submitted a STOP Violence Against Women Act (VAWA) grant application to continue funding through June 2010.
Is the PREA program working with other organizations in its efforts?
Currently DOC partners with the Missoula YWCA, which provides a sexual assault reporting hotline for inmates housed at Montana State Prison. The Department plans to eventually implement this hotline throughout the agency.
How do we know whether PREA is having an effect?
Department data indicates an increase in reported cases since the implementation of the PREA unit. This increase reflects the Department's effort to provide mechanisms for investigating all allegations of offender-on-offender and staff-on-offender sexual misconduct. The increase in reporting demonstrates that offenders and staff are more willing and feel safe to report sexual misconduct incidents and reporting allows the Department to actively investigate and refer for prosecution when necessary.
What is the Biggest challenge in implementing PREA programs?
The "Code of Silence." This refers to the willingness of staff and/or inmates to talk openly about incidents of an illegal, unethical or questionable nature. Staff and inmates may refuse to cooperate in the inveatigation of critical events - in order to protect fellow staff members or in the case of inmate-oninmate, other inmates. Most staff members and and inmates would rather risk discipline and continued violence than violate the code of silence within the correctional community and inmate populaltion; this silence protects wrongdoers.
What should someone do if they suspect a sexual assault has occurred in a correctional facility?
Report it to a supervisor, administrator, human resources official or the PREA unit.
What is the penalty for not reporting a suspected sexual assault in a correctional facility?
A Department employee or volunteer who fails to report an allegation of sexual misconduct, or coerces or threatens another person to submit inaccurate, incomplete, or untruthful information with the intent to alter a report, may face disciplinary action, up to and including dismissal, even on a first offense.
How can the Department's PREA officials be contacted?
Megan Bowker
PREA Coordinator
mbowker@mt.gov
(406) 444-1547
Richard Collins
PREA Investigator
Rcollins2@mt.gov
(406) 329-1440
