National Prison Rape Elimination Commission Report National Prison Rape Elimination Commission Report

NATIONAL PRISON RAPE ELIMINATION COMMISSION REPORT www.nprec.us NATIONAL PRISON RAPE ELIMINATION COMMISSION REPORT JUNE 2009 Contents Preface .................................................................................................v Commissioners ................................................................................... vii Commission Staff and Contributors .......................................................xi Acknowledgments ............................................................................... xiii Executive Summary .............................................................................. 1 Introduction ........................................................................................ 25 PART I: UNDERSTANDING AND PREVENTING SEXUAL ABUSE ................ 31 1. A Problem that Must Be Solved .................................................. 32 2. Leadership Matters ................................................................... 50 3. Unequal Risk: Vulnerability and Victimization ............................... 68 4. Inside and Out: Strengthening Oversight ..................................... 82 PART II: RESPONDING TO VICTIMS AND PERPETRATORS ...................... 99 5. Reporting, Investigation, and Punishment ................................. 100 6. Treating Trauma ....................................................................... 124 PART III: SPECIAL POPULATIONS ........................................................ 139 7. When Children Are Involved....................................................... 140 8. Community Corrections: The Next Frontier ................................ 160 9. On the Margins: Immigrants in Detention ...................................174 APPENDICES .................................................................................... 189 A. Endnotes ................................................................................. 191 B. National Standards .................................................................. 215 C. Recommendations ................................................................... 237 D. NPREC Standards Development Expert Committee Members .... 239 E. Standards Implementation Needs Assessment ......................... 243 F. NPREC Hearing Witnesses ....................................................... 245 G. PREA Initiatives ....................................................................... 251 CONTENTS iii Preface n behalf of the National Prison Rape Elimination Commission, I am pleased to submit the following report on our work toward the elimination of sexual abuse in correctional and detention facilities nationwide. OIn the years leading up to the passage of the Prison Rape Elimina- tion Act and since then, the work of corrections and detention professionals to address the problem of sexual abuse has been significant and laudable. They have established new policies and programs in some facilities, and expanded and refined existing practices in others. Their determination and commitment has led the way and informed the work of our Commis- sion. Even more important, as a result of their efforts, we have seen ideas transform into actions that by all accounts have the potential to improve safety and security for those living and working within correctional and detention facilities. Despite this important progress, much remains to be done. Although many correctional systems and individual facilities are ahead of the curve, others lag behind. Some corrections leaders enjoy the full cooperation and support they need from the policymakers who oversee their systems; others struggle to secure necessary resources and political commitments. The problem of prison rape and other forms of sexual abuse is too serious and far-reaching, too devastating to the individuals and communities that it ul- timately affects to be left to evolve unevenly. The Commission’s report and national standards create a mechanism for advancing the field uniformly, requiring the participation of all to protect people under supervision in every corner of our Nation. Congress conferred upon the Commission an enormous respon- sibility: developing national standards that will lead to the prevention, detection, and punishment of prison rape. Yet Congress also and appro- priately required us to seriously consider the restrictions of cost, differ- ences among systems and facilities, and existing political structures. We have endeavored to comply with these directives, sometimes struggling to find the correct balance among competing considerations. This report describes the scope and seriousness of the problems, ways of solving them, PREFACE v and what is at stake. The report also includes inspiring examples of good practices, demonstrating that Congress’ goals can be achieved and that the Commission’s standards are a realistic blueprint for progress and change. In our work, the Commissioners have learned more than any of us expected at the outset. We have been challenged to examine problems that we wish did not exist and confronted with accounts of sexual abuse that shocked and saddened us, partly because the pain of the experience was still evident in the victims’ voices as they testified before the Commission. At the same time, we have had the opportunity to witness remarkable examples of human resolve, creativity, and strength among survivors of sexual abuse as well as corrections and detention professionals. Through it all, we have questioned our own assumptions and perspectives to fully understand the far-reaching nature of the problems and the potential for solutions. As we near the end of our time of contribution and deliver our report and standards, I offer my sincere gratitude to Commission staff and others who contributed to this important effort. And for my fellow Com- missioners who joined me in this challenging endeavor, I have not only gratitude but also great admiration. This diverse group has never flagged in its determination to complete its task with integrity, thoughtfulness, and respect. Through countless days of working together and hours of dif- ficult and sometimes heated discussion, we have come to know each other well. Our diverse perspectives, insights, and talents and the debates we embraced have enhanced our work. It has been my honor and privilege to serve as the Chair of the Com- mission. Along with my distinguished and committed colleagues, I am proud to offer this report and our standards as the next step toward creat- ing correctional and detention settings that are safe and free of the danger and shame of sexual abuse. The Honorable Reggie B. Walton, Chair vi NATIONAL PRISON RAPE ELIMINATION COMMISSION REPORT Commissioners Chair Reggie B. Walton The Honorable Reggie B. Walton is a Federal district judge, appointed by President George W. Bush to the U.S. District Court for the District of Columbia in 2001. In June 2004, President Bush appointed Judge Walton Chair of the National Prison Rape Elimination Commission. Before joining the bench of the U.S. District Court, Judge Walton was appointed by President Ronald Reagan to be Associate Judge of the Superior Court of the District of Columbia, where he had served as Deputy Presiding Judge of the Criminal Division. When called upon by President George H.W. Bush to become Associate Director of the Office of National Drug Control Policy in the Executive Office of the President, Judge Walton resigned his Superior Court judgeship to assume the Associate Director’s responsibilities. Later, Judge Walton served President George H.W. Bush as Senior White House Advisor for Crime. President George H.W. Bush reap- pointed Judge Walton to the Superior Court of the District of Columbia, where he thereafter served as Presiding Judge of the Family Division and Presiding Judge of the Domestic Violence Unit. Judge Walton earned his Bachelor of Arts from West Virginia State College in 1971 and his Juris Doctor from American University’s Washing- ton College of Law in 1974. Vice-Chair John A. Kaneb Commissioner John A. Kaneb is Chairman of the Board of Directors of HP Hood LLC. He is also President of The Catamount Companies and a partner in the Boston Red Sox baseball franchise. In addition to his other duties, Mr. Kaneb is a Trustee Emeritus of the University of Notre Dame. He is also an Emeritus Trustee of the Mas- sachusetts General Hospital and Emeritus Trustee and former Chairman of the Board of McLean Hospital. Mr. Kaneb has served numerous other boards, committees, and task forces, including the Board of Fellows of the Harvard Medical School. COMMISSIONERS vii Mr. Kaneb earned his Bachelor of Arts in economics from Harvard College. He holds Honorary Doctor of Laws degrees from Saint Anselm College and the University of Notre Dame. Commissioner James E. Aiken Commissioner James E. Aiken, President of James E. Aiken & Associates, Inc., consults with attorneys and testifies as an expert witness in death penalty and civil cases. Mr. Aiken has more than 33 years of experience in correctional administration, facility operations and management, inspection and assessment of facility performance, and technical assistance consulting. Mr. Aiken has served every level of government—Federal, State, county, and local—in the areas of correctional leadership, organizational development, management of prison disturbances, system productivity, cost con- tainment, prison security system enhancement, management of violent youthful offenders in adult prisons, gang and security threat

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