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May 23, 2012

"Justice Department Releases Final Rule to Prevent, Detect and Respond to Prison Rape"

A helpful reader rightly noted to me today that I have failed to give proper coverage to the big news last week concerning the Justice Department's new regulations to implement the Prison Rape Elimination Act (PREA).  This recent piece from Corrections.com, which shares the headline of this post, provides an effective and detailed summary of this important development.  Here are snippets of this summary:

The Justice Department [last week]] released a final rule to prevent, detect and respond to sexual abuse in confinement facilities, in accordance with the Prison Rape Elimination Act of 2003 (PREA). This landmark rule sets national standards for four categories of facilities: adult prisons and jails, lockups, community confinement facilities and juvenile facilities. This rule is the first-ever federal effort to set standards aimed at protecting inmates in all such facilities at the federal, state and local levels....

The standards set forth in the final rule are binding on the Federal Bureau of Prisons. With regard to states, those that do not comply with the standards are subject to a five percent reduction in funds they would otherwise receive for prison purposes from the department unless the governor certifies that five percent of such funds will be used to enable compliance in future years. No organization responsible for the accreditation of correctional facilities may receive any federal grants unless it adopts accreditation standards consistent with the standards set forth in the final rule.

The administration has also determined that PREA applies to all federal confinement facilities, including those operated by executive departments and agencies other than the Department of Justice....

Congress unanimously passed the Prison Rape Elimination Act in 2003 and created the National Prison Rape Elimination Commission to recommend a set of standards to the attorney general, after which it disbanded pursuant to the act. After receiving the commission’s recommendations in 2009, the attorney general convened an intradepartmental PREA working group that was tasked with reviewing the commission’s recommendations and collecting public feedback on the commission’s proposal. Last year the department published a draft rule for public comment....

To assist federal, state and local agencies in their compliance efforts, the department has funded the National Resource Center for the Elimination of Prison Rape to serve as a national resource for online and direct support, training, technical assistance, and research to assist adult and juvenile corrections, detention, and law enforcement professionals in combating sexual abuse in confinement. Focusing on areas such as prevention strategies, improved reporting and detection, investigation, prosecution, and victim-centered responses, it will identify promising programs and practices that have been implemented around the country and demonstrate models for keeping inmates safe from sexual abuse.

May 23, 2012 at 07:41 PM | Permalink


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hmm let's see passed in 2003 took 6 years till 2009 to write up the recomendations....3 YEARS 2012 to setup the actual policy....hmm so guess that means they can celebrate the actual beginning of ENFORCMENT and the 20 YEAR ANNIV in 2023 at the same time!

What a joke!

Not to mention the waste of god alone knows how many MILLION dollars!

RAPE is illeal and Wrong! IN or OUT of prison...so what has taken so friggin long!

Posted by: rodsmith | May 23, 2012 11:13:35 PM

That's nice, but appears to involve a lot of paper shuffling.

The prison controls the bodies of both rapist and victim. It is therefore fully responsible for rape damages. The states should waive their Eleventh Amendment immunity, or a Section 1983 claim should be allowed in federal court. One sure consequence of these claims? The firing of responsible officials.

These rules represent new standards of due care. Any deficiency therefore represents negligence per se. Once officials know their jobs and personal futures are in play, there will be greater action.

Caning should be allowed or 50 lashes for the convicted rapist should be enacted. This is especially necessary in prisoners on LWOP. The 50 lashes should be administered in private, to prevent the rewarding properties of attention.

Finally, prison rape should count towards 123D. Get rid of the ultra-violent predator. The deceased have a very low recidivism rate.

Posted by: Supremacy Claus | May 24, 2012 8:43:03 AM

Bubba the Rapist is my god because he helps make prison the hell that so many derserve.

Posted by: vigilante | May 24, 2012 10:39:12 AM

well vigilante if GOD is good one day you and your god bubba will get to meet PEROSNALLY! and i hope the prison has video running at the time!

Posted by: rodsmith | May 24, 2012 12:49:02 PM

vigilante, not even an icky perv child rapist deserves to be raped. if you or anyone you loved has ever been raped you'd understand that.

having said that, I of course, have an idea on how to prevent prison rape. namely, Erika's Icky Perv Solutions new line of prison chasity belts for men and women - if every inmate, guard, worker, and visitor was required to wear a locking chasity belt during their time in prison it would virtually eliminate instances of prison rape overnight.

Erika :)

Posted by: Erika | May 24, 2012 2:23:01 PM

LOL cute erika but your missing a major market! considering how many rapes DO NOT involve the rapist's groin!

gloves, muzzles and locks on cabinets should also be offered!

Posted by: rodsmith | May 25, 2012 12:20:04 AM

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