Prison Rape Elimination Act (Prea)

PRISON RAPE ELIMINATION ACT RESOURCES PRISON RAPE ELIMINATION ACT (PREA) The Prison Rape Elimination Act (PREA) The Department of Justice was responsible for was signed into law in 2003 and in 2012, writing the PREA Standards for Prisons, Jails, VICTIM SERVICES STANDARDS the Department of Justice standards that Juvenile Facilities, Community Confinement, govern its implementation in most types and Lockup. These can all be found on the of detention facilities were finalized. The http://www.prearesourcecenter.org/training-technical-assistance/prea-essentialsPREA Resource Center website: http://www. purpose of these standards is to tell facilities prearesourcecenter.org/training-technical- that are covered under PREA, what they assistance/prea-essentials. Some of the need to do in order to be compliant. important standards related to victim services for prisons, jails, and juvenile facilities are A number of these standards relate outlined in this brochure. to a facility’s responsibility to provide incarcerated survivors with access to sexual The Department of Homeland Security was assault advocacy services. These services are responsible for writing the PREA Standards intended to be confidential and provided by that apply to immigration detention facilities. a community program. Since most detention Those standards were not finalized until facilities are required to comply with PREA, February 2014 and can be found here: http:// including the victim services standards,http://www.gpo.gov/fdsys/pkg/FR-2014-03-07/pdf/2014-04675.pdf www.gpo.gov/fdsys/pkg/FR-2014-03-07/ they are likely to contact sexual assault pdf/2014-04675.pdf. The relevant victim advocacy programs near to their facilities to services standards, which contain similar coordinate that service provision. It is helpful language to the standards for other facilities for advocates at community programs to outlined in this brochure, can be found in know what facilities are required to provide Section 115.121, Responsive Planning: Evidence in terms of access to victim services, as Protocols and Forensic Medical Examinations. they begin to work together to bring these services to survivors.

4317 6th Ave SE, Suite 102 Olympia, WA 98503

360. 754. 7583 360. 709. 0305 TTY www.wcsap.org VICTIM SERVICES STANDARDS For Prisons, Jails, and Juvenile Facilities

R PRISON & JAIL STANDARDS R JUVENILE FACILITY STANDARDS

115.21 115.53 115.321

Evidence Protocol and Forensic Medical Inmate Access to Outside Evidence Protocol Examinations Confidential Support Services and Forensic Medical Evaluations

(d) The agency shall attempt to make (a) The facility shall provide inmates with (mirrors Prison and Jail Standards) available to the victim a victim advocate from access to outside victim advocates for a rape crisis center. If a rape crisis center is not emotional support services related to sexual 115.353 available to provide victim advocate services, abuse…[and] shall enable reasonable the agency shall make available to provide communication between inmates and these Resident Access to these services a qualified staff member organizations and agencies, in as confidential Outside Support Services from a community based organization, or a manner as possible. a qualified agency staff member. Agencies (mirrors Prison and Jail Standards) shall document efforts to secure services (c) The agency shall maintain or attempt to from rape crisis centers. For the purpose of enter into memoranda of understanding 115.382 this standard, a rape crisis center refers to an or other agreements with community entity that provides intervention and related service providers that are able to provide Access to Emergency Medical assistance…to victims of sexual assault of inmates with confidential emotional support and Mental Health Services all ages. The agency may utilize a rape crisis services related to sexual abuse. The agency center that is part of a governmental unit as shall maintain copies of agreements or (mirrors Prison and Jail Standards) long as the center is not part of the criminal documentation showing attempts to enter justice system and offers a comparable level into such agreements. of confidentiality as a nongovernmental entity that provides similar victim services. 115.82

(e) As requested by the victim, the victim Access to Emergency Medical advocate…shall accompany and support and Mental Health Services the victim through the forensic medical examination process and investigatory (a) Inmate victims of sexual abuse shall interviews and shall provide emotional receive timely, unimpeded access to support, crisis intervention, information, and emergency medical treatment and crisis referrals. intervention services.