What You Need to Know About the Prison Rape Elimination Act

Preventing sexual abuse and harassment is a pertinent objective across many, if not all, industries. In recent years, more and more jobs are implementing assessments and training to prevent sexual misconduct and other forms of harassment in the workplace. Just like with these other industries, corrections have been implementing regulations, training, and practices to assist in eliminating sexual harassment or abuse in their facilities. 

Each and every person regardless of where they are should feel safe and protected from sexual predators, which has fueled policies like the Prison Rape Elimination Act (PREA). While all facilities have (or at least should have) a zero-tolerance policy regarding sexual misconduct, putting actual laws into place has set strict guidelines and policies. But what led to PREA being signed into law?

The passage of PREA is most contributed to the 2001 publication of No Escape: Male Prison Rape by Human Rights Watch. This highlighted several reports on sexual violence in U.S. prisons from more current events to the first report of rape of female prisoners. However, the initial version of PREA was to address rape in male prisons but evolved to include both inmate and staff sexual misconduct to protect all inmates regardless of gender.

While preventing rape should be a top priority regardless, policies like PREA were signed into law to assist in ensuring a zero-tolerance policy for sexual harassment and abuse. But what exactly is PREA? And how do prisons and jails remain compliant?

What is PREA?

In 2003, the Prison Rape Elimination Act (PREA) was unanimously passed by both parties in Congress. The mission of PREA is to provide federal, state, and local institutions with the resources needed to protect inmates from sexual abuse from other inmates or staff misconduct. 

Then, in 2012, President Obama's Department of Justice made additional changes to regulations aimed at preventing prison rape. They instructed all agencies overseeing Federal confinement facilities to collaborate with the Attorney General in developing new rules and procedures. These new regulations set standards to prevent, detect, and respond to sexual abuse claims within U.S. confinement facilities.

Regulations from this law required facilities to have a zero-tolerance policy for sexual harassment. However, there are issues that stem from PREA that are outside the policy itself, but rather its execution. 

This year, 19 states have fully adopted the PREA standards while 34 states and U.S. territories have demonstrated that they are working towards full compliance. Two states remain steadfast against PREA as a federal law: Utah and Arkansas. Both of these states have instituted many of the recommendations set forth by the PREA standards but decided to forgo federal grant money due to the costly and complex nature of PREA's prison audit process. 

Obviously, no one wants sexual misconduct within their jail or prison. It is hurtful, dangerous, and potentially deadly. Every human being who steps inside the confines of a correctional facility should feel safe. 

Preventing Sexual Harassment and Assault

With sexual assault and harassment being such sensitive topics, it can be difficult to fully communicate the importance of implementing such policies. Luckily, there are easy ways to promote a zero-tolerance attitude towards sexual misconduct and create a safer environment for inmates.

• Staff training: Whether it be training staff to adhere to policies or simply how to protect inmates, a well-informed and trained staff is going to effectively prevent and limit sexual misconduct. Training sessions should go beyond the manual books by incorporating real-life stories, testimonies, and preventative role-play scenarios.

• Stronger policies: It’s one thing to say your facility has a zero-tolerance policy for sexual harassment and assault versus adopting and complying with laws that protect inmates from this abuse. Implementing policies like PREA within your facility is the first step in securing a safer facility for everyone. 

• Closer watch on inmates: When corrections staff are completing their security rounds, it’s critical to get a good look at the inmates and document their behaviors. Staff proactively monitoring and keeping an eye on inmates, especially those that are a risk or at-risk, helps to close that window of opportunity for sexual misconduct. 

• Segregated housing: Screening for and tracking inmates with risk factors, like prior sexual abuse, can help in determining which inmates are housed where. These insights assist in ensuring that inmates who are at high risk for sexual misconduct are not housed with known predators. 

Another way to assist in complying with PREA and limiting sexual harassment and abuse is through the adoption and implementation of updated and advanced technology.

Leveraging Technology as a Solution

While there are solutions to implement in a facility aimed to push PREA further, a helping hand could never hurt. Nowadays, there are technological tools specifically designed to help ensure compliance is met. One of these tools is GUARDIAN RFID’s SPARTAN.

The SPARTAN is a hand-held device that allows corrections officers to document checks and pull up data when needed, from wherever. From capturing images or videos to support documentation to pulling up inmate information like classifications, housing assignments, etc., the SPARTAN device has transformed mobile inmate tracking. This tool works two-fold as it not only highlights areas of needed facility improvement but also confirms when an action or activity involving PREA compliance takes place such as:

• Keep Separates: Keep Separates is a module featured on the SPARTAN and works as an effective way to monitor which inmates need to be kept separately at all times. While this can be for a variety of reasons, one of the most common is to keep predators and victims separately. Keep Separates ensures that certain inmates will not be in the same vicinity, which helps to keep more vulnerable individuals away from potential threats.

• Word blocks: World blocks are otherwise known as behavior descriptions on the SPARTAN. When completing your rounds, add word blocks like “male entering female block” or “unannounced rounds” to your check to show the intricate detail of the round. Additional word blocks can give the detail needed to show that officers are being compliant with PREA.

• Additional tags: Adding additional RFID tags that are labeled “PREA”, or something related, helps to ensure that specifically rounds related to PREA compliance are being completed.

With tools like GUARDIAN RFID’s SPARTAN device, you can quickly pull up details on an inmate. This can include their mugshot, the crime they’ve been accused or convicted of, any restrictions, etc., helping to ensure they are where and doing what they’re supposed to be. Information like this can help keep threatening sexual offenders away from at-risk inmates.

While technology can be an effective and efficient way to better instill compliance with regulations and laws, like PREA, it relies heavily on the officers. Training and instilling best practices for all correctional staff helps ensure they are aware of how to comply with PREA to begin with. Compliance comes down to each officer and their efforts to instill and follow PREA guidelines. Technology isn’t magic. Technology only improves and simplifies the process, but without the due diligence of officers, it can be difficult to achieve ideal compliance.