PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER
Definitions

PP-1

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
Q1: “The Department solicits comments
regarding the application of this definition to
those States that operate “unified systems”—
i.e., States with direct authority over all adult
correctional facilities, as opposed to the more
common practice of jails being operated by
counties, cities, or other municipalities. States
that operate unified systems may be less likely
to adhere to the traditional distinctions between
prisons and jails, and may operate facilities
that are essentially a mixture of the two. Do the
respective definitions of jail and prison, and the
manner in which the terms are used in the
proposed standards, adequately cover facilities
in States with unified systems? If not, how
should the definitions or standards be
modified?”

Prevention Planning
Zero tolerance of sexual
abuse
The agency has a written policy
mandating zero tolerance toward
all forms of sexual abuse and
enforces that policy by ensuring
all of its facilities comply with
the PREA standards. The agency

115.11

Prevention Planning
Zero tolerance of sexual abuse;
Prison RAPE Elimination Act
(PREA) Coordinator
(a) An agency shall have a written
policy mandating zero tolerance
toward all forms of sexual abuse and
sexual harassment and outlining the
agency’s approach to preventing,

Change

The DOJ standard added sexual
harassment to inclusions for zero
tolerance policy
The DOJ standard requires that
agencies outline the approach to
preventing, detecting, and
responding to sexual abuse.

1
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD
employs or designates a PREA
coordinator to develop,
implement, and oversee agency
efforts to comply with the PREA
standards.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
detecting, and responding to such
conduct.
(b) An agency shall employ or
designate an upper-level, agencywide PREA coordinator to develop,
implement, and oversee agency
efforts to comply with the PREA
standards in all of its facilities.
(c )The PREA coordinator shall be a
full-time position in all agencies that
operate facilities whose total rated
capacity exceeds 1000 inmates, but
may be designated as a part-time
position in agencies whose total
rated capacity does not exceed 1000
inmates.
(d) An agency whose facilities have
a total rated capacity exceeding
1000 inmates shall also designate a
PREA coordinator for each facility,
who may be full-time or part-time.

DOJ has defined that PREA
Coordinators are an upper level
person but not reporting
necessarily to the head of the
agency
DOJ has revised the NPREC
standard stating that PREA
Coordinators are for agencies/
facilities with 1000 inmates or
more. Other facilities may have
coordinators that are part time.
DOJ
reasoning
for change

The DOJ wanted to provide more
clarity regarding the policy
inclusions
Commenters criticized the
NPREC standards requiring a
PREA Coordinator posed a
financial burden to small facilities
housing under 500 inmates. In
response DOJ is only requiring
full time PREA Coordinators in
facilities housing over 1000
inmates.
Commenters had concern that if
the PREA Coordinator reports
directly to the agency head it

2
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
would become a political
position. By making it upper-level
DOJ is not requiring the PREA
Coordinator to report directly to
the agency head.
DOJ’s intent is to tailor this
requirement to the needs and
capacities of agencies and
facilities.
DOJ
question(s)
relating to
this
standard

Q2: “Should the Department
modify the full-time coordinator
requirement to allow additional
flexibility, such as by requiring
only that PREA be the
coordinator’s primary
responsibility, or by allowing the
coordinator also to work on other
related issues, such as inmate
safety more generally?”

Analysis

3
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER
STANDARD
PP-2
Contracting with other
entities for the confinement
of inmates
If public correctional agencies
contract for the confinement of
their inmates, they do so only
with private agencies or other
entities, including other
government agencies, committed
to eliminating sexual abuse in
their facilities, as evidenced by
their adoption of and compliance
with the PREA standards. Any
new contracts or contract
renewals include the entity’s
obligation to adopt and comply
with the PREA standards and
specify that the public agency
will monitor the entity’s compliance with these standards as
part of its monitoring of the
entity’s performance

DOJ REVISED STANDARD
NUMBER
STANDARD
115.12
Contracting with other entities
for the confinement of inmates
(a) A public agency that contracts
for the confinement of its inmates
with private agencies or other
entities, including other government
agencies, shall include in any new
contracts or contract renewals the
entity’s obligation to adopt and
comply with the PREA standards.
(b) Any new contracts or contract
renewals shall provide for agency
contract monitoring to ensure that
the contractor is complying with
PREA standards.

Analysis
Change

The new DOJ standard only
applies to new contracts not
existing ones. The NPREC
standard expands to cover
existing contracts.

DOJ
reasoning
for change

Commenters expressed concern
that the NPREC standard would
impose too great a financial
burden if facilities are required
monitor entities compliance. With
PREA Standards.
To remedy this DOJ modified the
standard by requiring only new
contracts and renewals be
monitored. This is intended to
indicate that agencies are not
required to conduct audits of its
contract facilities but rather must
include PREA as p[art of its
routine monitoring of compliance
with contractual obligations.

DOJ
question(s)
relating to
this
standard

Q3: “Should the final rule provide
greater guidance as to how
agencies should conduct such
monitoring? If so, what guidance
should be provided?”

4
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD

Analysis

PP-3

Inmate supervision
Security staff provides the inmate
supervision necessary to protect
inmates from sexual abuse. The
upper management officials
responsible for reviewing critical
incidents must examine areas in
the facility where sexual abuse
has occurred to assess whether
physical barriers may have
enabled the abuse, the adequacy
of staffing levels in those areas
during different shifts, and the
need for monitoring technology
to supplement security staff
supervision (DC-1). When
problems or needs are identified,
the agency takes corrective
action (DC-3).

115.13

Supervision and Monitoring
(a) For each facility, the agency
shall determine the adequate levels
of staffing, and, where applicable,
video monitoring, to protect inmates
against sexual abuse. In calculating
such levels, agencies shall take into
consideration the physical layout of
each facility, the composition of the
inmate population, and any other
relevant factors.
(b) The facility shall also establish a
plan for how to conduct staffing
and, where applicable, video
monitoring, in circumstances where
the levels established in paragraph
(a) of this section are not attained.
(c) Each year, the facility shall
assess, and determine whether

Change

The new DOJ standard combines
NPREC standards PP-3 and PP-7
DOJ provides some additional
information about how an agency
can go about assessing “staffing”

DOJ
reasoning
for change

Commenters complained that
NPREC standards did not offer
enough guidance on levels of
supervision or how compliance
would be measured.
DOJ recognizes that determining
adequate staffing levels is facilityspecific.

5
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
adjustments are needed to:
(1) The staffing levels established
pursuant to paragraph (a) of this
section;
(2) Prevailing staffing patterns; and
(3) The agency’s deployment of
video monitoring systems and other
technologies.
(d) Each prison facility, and each
jail facility whose rated capacity
exceeds 500 inmates, shall
implement a policy and practice of
having intermediate-level or higherlevel supervisors conduct and
document unannounced rounds to
identify and deter staff sexual abuse
and sexual harassment. Such policy
and practice shall be implemented
for night shifts as well as day shifts.

DOJ believes that relying on
technology (video etc) as long as
there is adequate staff to monitor
that technology is acceptable to
reduce staffing requirements.
DOJ does not believe it is
possible to craft a formula that
would set appropriate staffing
levels for all populations

DOJ
question(s)
relating to
this
standard

DOJ measures compliance by
ensuring each facility has a plan
in place for adequate staffing to
keep inmates safe from sexual
abuse.
Q4: “Should the standard require
that facilities actually provide a
certain level of staffing, whether
determined qualitatively, such as
by reference to “adequacy,” or
quantitatively, by setting forth
more concrete requirements? If
so, how?”
Q5: “If a level such as
“adequacy” were mandated, how
would compliance be measured?”
Q6: “Various States have

6
Created by the Project on Addressing Prison Rape at the Washington College of Law
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
regulations that require
correctional agencies to set or
abide by minimum staffing
requirements. To what extent, if
any, should the standard take into
account such State regulations?”
Q7: “Some States mandate
specific staff-to-resident ratios for
certain types of juvenile facilities.
Should the standard mandate
specific ratios for juvenile
facilities?”
Q8:”If a level of staffing were
mandated, should the standard
allow agencies a longer time
frame, such as a specified number
of years, in order to reach that
level? If so, what time frame
would be appropriate?”
Q9: “Should the standard require
the establishment of priority
posts, and if so, how should such
a requirement be structured and
assessed?”
Q10: “To what extent can staffing
deficiencies be addressed by

7
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
redistributing existing staff
assignments? Should the standard
include additional language to
encourage such redistribution?”
Q11: “If the Department does not
mandate the provision of a
certain level of staffing, are there
other ways to supplement or
replace the Department’s
proposed standard in order to
foster appropriate staffing?”
Q12: “Should the Department
mandate the use of technology to
supplement sexual abuse
prevention, detection, and
response efforts?”
Q13: “Should the Department
craft the standard so that
compliance is measured by
ensuring that the facility has
developed a plan for securing
technology as funds become
available?”
Q14: “Are there other ways not
mentioned above in which the
Department can improve the

8
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
proposed standard?”
Q15: “Should this standard
mandate a minimum frequency for
the conduct of such rounds, and if
so, what should it be?”

Analysis

PP-4

Limits to cross-gender
viewing and searches
Except in the case of emergency,
the facility prohibits cross-gender
strip and visual body cavity
searches. Except in the case of
emergency or other extraordinary
or unforeseen circumstances, the
facility restricts nonmedical staff

115.14

Limits to cross-gender viewing
and searches
(a) The facility shall not conduct
cross-gender strip searches or visual
body cavity searches except in case
of emergency or when performed by
medical practitioners.
(b) The facility shall document all
such cross-gender searches.

Change

While the NPREC Standards
prohibited all cross gender
searches except in cases of
emergency, the DOJ standard
allows for cross gender pat
searches.
The DOJ also defined training
needs in response to allowing
cross gender pat searches.

9
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD
from viewing inmates of the
opposite gender who are nude or
performing bodily functions and
similarly restricts cross-gender
pat-down searches. Medical
practitioners conduct
examinations of transgender
individuals to determine their
genital status only in private
settings and only when an
individual’s genital status is
unknown.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
(c) The facility shall implement
policies and procedures that enable
inmates to shower, perform bodily
functions, and change clothing
without nonmedical staff of the
opposite gender viewing their
breasts, buttocks, or genitalia,
except in the case of emergency, by
accident, or when such viewing is
incidental to routine cell checks.
(d) The facility shall not examine a
transgender inmate to determine the
inmate’s genital status unless the
inmate’s genital status is unknown.
Such examination shall be
conducted in private by a medical
practitioner.
(e) Following classification, the
agency shall implement procedures
to exempt from nonemergency
cross-gender pat-down searches
those inmates who have suffered
documented prior cross-gender
sexual abuse while incarcerated.
(f) The agency shall train security
staff in how to conduct cross-gender
pat-down searches, and searches of
transgender inmates, in a
professional and respectful manner,
and in the least intrusive manner

DOJ
reasoning
for change

Commenters objected to the
NPREC standard on the ground
that it would require agencies to
hire significant numbers of male
staff or to lay off a significant
number of female staff. They
expressed concern that
adjustments to their workforce
could violate Federal or state
EEO laws.
DOJ believes that the benefits of
eliminating cross-gender pat
searches do not justify the costs of
imposing such a rule across the
board.
This standard does not apply to
juvenile facilities where the
NPREC Commission standard
remains intact
DOJ does not believe cross
gender pat searches of inmates
who have suffered cross gender
sexual abuse while incarcerated
should be allowed.
DOJ is also mandating training as
a cost effective approach to

10
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
possible, consistent with security
needs.

combating problems that might
arise during a cross gender pat
search.
The DOJ standard does adopt the
NPREC standard in regard to
transgender inmates.

DOJ
question(s)
relating to
this
standard

Q16: “Should the final rule
contain any additional measures
regarding oversight and
supervision to ensure that patdown searches, whether crossgender or same-gender, are
conducted professionally?

Analysis

11
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER
STANDARD
PP-5
Accommodating inmates
with special needs
The agency ensures that inmates
who are limited English
proficient (LEP), deaf, or
disabled are able to report sexual
abuse to staff directly, through
interpretive technology, or
through non-inmate interpreters.
Accommodations are made to
convey all written information
about sexual abuse policies,
including how to report sexual
abuse, verbally to inmates who
have limited reading skills or
who are visually impaired.

DOJ REVISED STANDARD
NUMBER
STANDARD
115.15
Accommodating inmates with
special needs
(a) The agency shall ensure that
inmates who are limited English
proficient, deaf, or disabled are able
to report sexual abuse and sexual
harassment to staff directly or
through other established reporting
mechanisms, such as abuse hotlines,
without relying on inmate
interpreters, absent exigent
circumstances.
(b) The agency shall make
accommodations to convey verbally
all written information about sexual
abuse policies, including how to
report sexual abuse and sexual
harassment, to inmates who have
limited reading skills or who are
visually impaired.

Analysis
This standard is substantively the same.

DOJ
question(s)
relating to
this
standard

Q17: “Should the final rule
include a requirement that
inmates with disabilities and LEP
inmates be able to communicate
with staff throughout the entire
investigation and response
process? If such a requirement is
included, how should agencies
ensure communication throughout
the process?”

Analysis

12
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PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER
STANDARD
PP-6
Hiring and promotion
decisions
The agency does not hire or
promote anyone who has
engaged in sexual abuse in an
institutional setting or who has
engaged in sexual activity in the
community facilitated by force,
the threat of force, or coercion.
Consistent with Federal, State,
and local law, the agency makes
its best effort to contact all prior
institutional employers for
information on substantiated
allegations of sexual abuse; must
run criminal background checks
for all applicants and employees
being considered for promotion;
and must examine and carefully
weigh any history of criminal
activity at work or in the
community, including

DOJ REVISED STANDARD
NUMBER
STANDARD
115.16
Hiring and promotion
decisions
(a) The agency shall not hire or
promote anyone who has engaged in
sexual abuse in an institutional
setting; who has been convicted of
engaging in sexual activity in the
community facilitated by force, the
threat of force, or coercion; or who
has been civilly or administratively
adjudicated to have engaged in such
activity.
(b) Before hiring new employees,
the agency shall:
(1) Perform a criminal background
check; and
(2) Consistent with Federal, State,
and local law, make its best effort to
contact all prior institutional
employers for information on
substantiated allegations of sexual
abuse.

Analysis
Change

The DOJ standards defined that
background checks be done every
5 years.

DOJ
reasoning
for change

Commenters expressed concern
over the burden of requiring
background checks for
promotions. Instead the DOJ had
adopted a policy requiring
background checks of current
employees to be done every five
years.

13
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD
convictions for domestic
violence, stalking, and sex
offenses. The agency also asks
all applicants and employees
directly about previous
misconduct during interviews
and reviews.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
(c) The agency shall either conduct
criminal background checks of
current employees at least every five
years or have in place a system for
otherwise capturing such
information for current employees.
(d) The agency shall ask all
applicants and employees directly
about previous misconduct in
written applications for hiring or
promotions, in interviews for hiring
or promotions, and in any interviews
or written self-evaluations
conducted as part of reviews of
current employees.
(e) Material omissions, or the
provision of materially false
information, shall be grounds for
termination.
(f) Unless prohibited by law, the
agency shall provide information on
substantiated allegations of sexual
abuse involving a former employee
upon receiving a request from an
institutional employer for whom
such employee has applied to work.

Analysis

14
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER
STANDARD
PP-7
Assessment and use of
monitoring technology

DOJ REVISED STANDARD
NUMBER
STANDARD
115.17
Upgrades to facilities
technology

The agency uses video
monitoring systems and other
cost-effective and appropriate
technology to supplement its
sexual abuse prevention,
detection, and response efforts.
The agency assesses, at least
annually, the feasibility of and
need for new or additional
monitoring technology and develops a plan for securing such
technology.

RP-1

Response Planning
Evidence protocol and
forensic medical exams
The agency follows a uniform

(a) When designing or acquiring any
new facility and in planning any
substantial expansion or
modification of existing facilities,
the agency shall consider the effect
of the design,
acquisition, expansion, or
modification upon the agency’s
ability to protect inmates from
sexual abuse.
(b) When installing or updating a
video monitoring system, electronic
surveillance system, or other
monitoring technology, the agency
shall consider how such technology
may enhance the agency’s ability to
protect inmates from sexual abuse.

115.21

Responsive Planning
Evidence protocol and forensic
medical exams

Analysis
Change

The DOJ standard is actually new.

DOJ
reasoning
for change

The DOJ believes it is appropriate
to require agencies to consider the
impact of their physical and
technology upgrades.

Analysis

This standard is substantively the same.

(a) To the extent the agency is

15
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD
evidence protocol that maximizes
the potential for obtaining usable
physical evidence for
administrative proceedings and
criminal prosecutions. The
protocol must be adapted from or
otherwise based on the 2004 U.S.
Department of Justice’s Office
on Violence Against Women
publication “A National Protocol
for Sexual Assault Medical
Forensic Examinations,
Adults/Adolescents,” subsequent
updated editions, or similarly
comprehensive and authoritative
protocols developed after 2004.
As part of the agency’s evidence
collection protocol, all victims of
inmate-on-inmate sexually
abusive penetration or staff-oninmate sexually abusive
penetration are provided access
to forensic medical exams
performed by qualified forensic
medical examiners. Forensic
medical exams are provided free
of charge to the victim. The
facility makes available a victim
advocate to accompany the
victim through the forensic

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
responsible for investigating
allegations of sexual abuse,
the agency shall follow a uniform
evidence protocol that maximizes
the potential for obtaining usable
physical evidence for administrative
proceedings and criminal
prosecutions.
(b) The protocol shall be adapted
from or otherwise based on the 2004
U.S. Department of Justice’s Office
on Violence Against Women
publication, “A National Protocol
for Sexual Assault Medical Forensic
Examinations, Adults/Adolescents,”
subsequent updated editions, or
similarly comprehensive and
authoritative protocols developed
after 2010.
(c) The agency shall offer all
victims of sexual abuse access to
forensic medical exams performed
by qualified medical practitioners,
whether onsite or at an outside
facility, without financial cost,
where evidentiary or medically
appropriate.
(d) The agency shall make available
to the victim a qualified staff
member or a victim advocate from a

DOJ
reasoning
for change

DOJ believes evidence collection
can support or refute a claim even
when penetration does not occur
and evidence should be collected
whenever possible
Stipulates that a qualified staff
member may accompany a victim
in place of a community advocate

Analysis

16
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD
medical exam process.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
community-based organization that
provides services to sexual abuse
victims.
(e) As requested by the victim, the
qualified staff member or victim
advocate shall accompany and
support the victim through the
forensic medical exam process and
the investigatory process and shall
provide emotional support, crisis
intervention, information, and
referrals.
(f) To the extent the agency itself is
not responsible for investigating
allegations of sexual abuse, the
agency shall inform the
investigating entity of these policies.
(g) The requirements of paragraphs
(a) through (f) of this section shall
also apply to:
(1) Any State entity outside of the
agency that is responsible for
investigating allegations of sexual
abuse in institutional settings; and
(2) Any Department of Justice
component that is responsible for
investigating allegations of sexual
abuse in institutional settings.
(h) For the purposes of this
standard, a qualified staff member

17
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
shall be an individual who is
employed by a facility and has
received education concerning
sexual assault and forensic
examination issues in general.

RP-2

Agreements with outside
public entities and
community service providers
The agency maintains or attempts
to enter into memoranda of
understanding (MOUs) or other
agreements with an outside

115.22

Agreements with outside public Change
entities and community service
providers
(a) The agency shall maintain or
attempt to enter into memoranda of
understanding or other agreements
with an outside public entity or

The DOJ standard does not
require MOUs with outside
agency providers if the agency
enables inmates to report to an
internal entity that is operationally
independent from the agency’s
chain of command (ie: an IG or
ombudsman)

18
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NPREC STANDARD
NUMBER

STANDARD
public entity or office that is able
to receive and immediately
forward inmate reports of sexual
abuse to facility heads (RE-1).
The agency also maintains or
attempts to enter into MOUs or
other agreements with
community service providers that
are able to: (1) provide inmates
with confidential emotional
support services related to sexual
abuse and (2) help victims of
sexual abuse during their
transition from incarceration to
the community (RE-3, MM-3).
The agency maintains copies of
agreements or documentation
showing attempts to enter into
agreements.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
office that is able to receive and
immediately forward inmate reports
of sexual abuse and sexual
harassment to agency officials
pursuant to § 115.51, unless the
agency enables inmates to make
such reports to an internal entity that
is operationally independent from
the agency’s chain of command,
such as an inspector general or
ombudsperson who reports directly
to the agency head.
(b) The agency also shall maintain
or attempt to enter into memoranda
of understanding or other
agreements with community service
providers that are able to provide
inmates with confidential emotional
support services related to sexual
abuse.
(c) The agency shall maintain copies
of agreements or documentation
showing attempts to enter into
agreements.

DOJ
reasoning
for change

Commenters expressed concern
over the burden this may cause on
an agency. To that end DOJ has
adopted a standard which would
allow for agencies to use a
qualified staff member to fulfill
this role as long as they have had
training on sexual assault and
crisis intervention.
This will not apply to lock-ups.
Agencies are also exempt from
this standard of they allow
reporting to quasi-independent
offices (such as inspector
generals)

DOJ
question(s)
relating to
this
standard

Q19: Should this standard
expressly mandate that agencies
attempt to enter into memoranda
of understanding that provide
specific assistance for LEP
inmates?

19
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
Analysis

115.23

Policies to ensure investigation
of allegations
(a) The agency shall have in place a
policy to ensure that allegations of
sexual abuse or sexual harassment
are investigated by an agency with
the legal authority to conduct
criminal
investigations, unless the allegation
does not involve potentially criminal
behavior, and shall publish such
policy on its website.
(b) If a separate entity is responsible
for conducting criminal
investigations, such website

Change

This is a new DOJ standard.

DOJ
reasoning
for change

The intent is that this standard
replace the NPREC standard RP-3

20
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NUMBER

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DOJ REVISED STANDARD
NUMBER

STANDARD
publication shall describe the
responsibilities of both the agency
and the investigating entity.
(c) Any State entity responsible for
conducting criminal or
administrative investigations
of sexual abuse in institutional
settings shall have in place a policy
governing the conduct of such
investigations.
(d) Any Department of Justice
component responsible for
conducting criminal or
administrative investigations of
sexual abuse in institutional settings
shall have in place a policy
governing the conduct of such
investigations.

RP-3

Analysis

Agreements with outside law
enforcement agencies

Analysis

DOJ did not choose to adopt this standard.

If an agency does not have the
legal authority to conduct
criminal investigations or has
elected to permit an outside
agency to conduct criminal or
administrative investigations of
staff or inmates, the agency

21
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD

maintains or attempts to enter
into a written MOU or other
agreement specific to
investigations of sexual abuse
with the law enforcement agency
responsible for conducting investigations. If the agency
confines inmates under the age of
18 or other inmates who fall
under State and local vulnerable
persons statutes, the agency
maintains or attempts to enter
into an MOU with the designated
State or local services agency
with the jurisdiction and
authority to conduct
investigations related to the
sexual abuse of vulnerable
persons within confinement
facilities. When the agency
already has an existing
agreement or long-standing
policy covering responsibilities
for all criminal investigations,
including sexual abuse
investigations, it does not need to
enter into a new agreement. The
agency maintains a copy of the
agreement or documentation
showing attempts to enter into an

DOJ
reasoning
for change

Commenters expressed concerns
that this would impose significant
burdens. While the DOJ does
encourage agencies to have these
MOUs with outside law
enforcement, due to burden
concerns the department does not
believe that agencies should be
required to do so.
DOJ does propose standard
115.23 instead so that agencies
ensure that allegations of sexual
abuse or harassment are
investigated by an agency with
the legal authority to conduct
criminal investigations.

Analysis

22
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD

agreement.

RP-4

DOJ did not choose to adopt this standard.

Agreements with the
prosecuting authority
The agency maintains or attempts
to enter into a written MOU or
other agreement with the authority responsible for
prosecuting violations of criminal
law. The agency maintains a
copy of the agreement or
documentation showing attempts
to enter into an agreement.

DOJ
reasoning
for change

Commenters expressed concerns
that this would impose significant
burdens. While the DOJ does
encourage agencies to have these
MOUs with prosecuting
authorities, due to burden
concerns the department does not
believe that agencies should be
required to do so.

Analysis

Training and Education

Training and Education

23
Created by the Project on Addressing Prison Rape at the Washington College of Law
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER
STANDARD
TR-1
Employee training
The agency trains all employees
to be able to fulfill their
responsibilities under agency
sexual abuse prevention,
detection, and response policies
and procedures; the PREA
standards; and relevant Federal,
State, and local law. The agency
trains all employees to
communicate effectively and professionally with all inmates.
Additionally, the agency trains
all employees on an inmate’s
right to be free from sexual
abuse, the right of inmates and
employees to be free from
retaliation for reporting sexual
abuse, the dynamics of sexual
abuse in confinement, and the
common reactions of sexual
abuse victims. Current
employees are educated as soon
as possible following the
agency’s adoption of the PREA
standards, and the agency
provides periodic refresher
information to all employees to
ensure that they know the
agency’s most current sexual

DOJ REVISED STANDARD
NUMBER
STANDARD
115.31
Employee training
(a) The agency shall train all
employees who may have contact
with inmates on:
(1) Its zero-tolerance policy for
sexual abuse and sexual harassment;
(2) How to fulfill their
responsibilities under agency sexual
abuse prevention, detection,
reporting, and response policies and
procedures;
(3) Inmates’ right to be free from
sexual abuse and sexual harassment;
(4) The right of inmates and
employees to be free from
retaliation for reporting sexual
abuse;
(5) The dynamics of sexual abuse in
confinement;
(6) The common reactions of sexual
abuse victims;
(7) How to detect and respond to
signs of threatened and actual sexual
abuse;
(8) How to avoid inappropriate
relationships with inmates; and
(9) How to communicate effectively
and professionally with inmates,
including lesbian, gay, bisexual,
transgender, or intersex inmates.

Analysis
Change

The DOJ standard allows for
electronic verification of training.

Analysis

24
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Volunteer and contractor
training
The agency ensures that all
volunteers and contractors who
have contact with inmates have
been trained on their

STANDARD
(b) Such training shall be tailored to
the gender of the inmates at the
employee’s facility.
(c) All current employees who have
not received such training shall be
trained within one year of the
effective date of the PREA
standards, and the agency shall
provide annual refresher
information to all employees to
ensure that they know the agency’s
current sexual abuse policies and
procedures.
(d) The agency shall document, via
employee signature or electronic
verification that employees
understand the training they have
received.

abuse policies and procedures.
The agency maintains written
documentation showing
employee signatures verifying
that employees understand the
training they have received.

TR-2

Analysis

115.32

Volunteer and contractor
training

This standard is substantively the same.

(a) The agency shall ensure that all
volunteers and contractors who have
contact with inmates have been
trained on their responsibilities

25
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NUMBER

STANDARD
responsibilities under the
agency’s sexual abuse
prevention, detection, and response policies and procedures;
the PREA standards; and relevant
Federal, State, and local law. The
level and type of training
provided to volunteers and
contractors is based on the
services they provide and level of
contact they have with inmates,
but all volunteers and contractors
who have contact with inmates
must be notified of the agency’s
zero-tolerance policy regarding
sexual abuse. Volunteers must
also be trained in how to report
sexual abuse. The agency
maintains written documentation
showing volunteer and contractor
signatures verifying that they
understand the training they have
received.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
under the agency’s sexual abuse
prevention, detection, and response
policies and procedures.
(b) The level and type of training
provided to volunteers and
contractors shall be based
on the services they provide and
level of contact they have with
inmates, but all volunteers and
contractors who have contact with
inmates shall be notified of the
agency’s zero-tolerance policy
regarding sexual abuse and sexual
harassment and informed how to
report sexual abuse.
(c) The agency shall maintain
documentation confirming that
volunteers and contractors
understand the training they have
received.

Analysis

26
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER
STANDARD
TR-3
Inmate education
During the intake process, staff
informs inmates of the agency’s
zero-tolerance policy regarding
sexual abuse and how to report
incidents or suspicions of sexual
abuse. Within a reasonably brief
period of time following the
intake process, the agency
provides comprehensive
education to inmates regarding
their right to be free from sexual
abuse and to be free from
retaliation for reporting abuse,
the dynamics of sexual abuse in
confinement, the common
reactions of sexual abuse victims,
and agency sexual abuse
response policies and procedures.
Current inmates are educated as
soon as possible following the
agency’s adoption of the PREA

DOJ REVISED STANDARD
NUMBER
STANDARD
115.33
Inmate education
(a) During the intake process, staff
shall inform inmates of the agency’s
zero-tolerance policy regarding
sexual abuse and sexual harassment
and how to report incidents or
suspicions of sexual abuse or sexual
harassment.
(b) Within 30 days of intake, the
agency shall provide comprehensive
education to inmates either in
person or via video regarding their
rights to be free from sexual abuse
and
sexual harassment and to be free
from retaliation for reporting such
abuse or harassment, and regarding
agency sexual abuse response
policies and procedures.
(c) Current inmates who have not
received such education shall be
educated within one year of the

Analysis
Change

The DOJ standard defines the
timing in which training is to
occur with inmates.

DOJ
reasoning
for change

Commenters expressed concern
regarding what a reasonably brief
period of time may be. The DOJ
clarified this in the standard.

27
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NUMBER

STANDARD
standards, and the agency
provides periodic refresher
information to all inmates to
ensure that they know the
agency’s most current sexual
abuse policies and procedures.
The agency provides inmate
education in formats accessible
to all inmates, including those
who are LEP, deaf, visually
impaired, or otherwise disabled
as well as inmates who have
limited reading skills. The
agency maintains written
documentation of inmate
participation in these education
sessions.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
effective date of the PREA
standards, and the agency shall
provide refresher information to all
inmates at least annually and
whenever an inmate is transferred to
a different facility, to ensure that
they know the agency’s current
sexual abuse policies and
procedures.
(d) The agency shall provide inmate
education in formats accessible to
all inmates, including those who are
limited English proficient, deaf,
visually impaired, or otherwise
disabled as well as to inmates who
have limited reading skills.
(e) The agency shall maintain
documentation of inmate
participation in these education
sessions.
(f) In addition to providing such
education, the agency shall ensure
that key information is continuously
and readily available or visible to
inmates through posters, inmate
handbooks, or other written formats.

Analysis

28
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER
STANDARD
TR-4
Specialized training:
Investigations
In addition to the general training
provided to all employees (TR1), the agency ensures that agency investigators conducting
sexual abuse investigations have
received comprehensive and upto-date training in conducting
such investigations in
confinement settings. Specialized
training must include techniques
for interviewing sexual abuse
victims, proper use of Mirandaand Garrity-type warnings,
sexual abuse evidence collection
in confinement settings, and the
criteria and evidence required to
substantiate a case for
administrative action or
prosecution referral. The agency
maintains written documentation
that investigators have completed
the required specialized training
in conducting sexual abuse
investigations.

DOJ REVISED STANDARD
NUMBER
STANDARD
115.34
Specialized training:
Investigations

Analysis
Change

(a) In addition to the general
training provided to all employees
pursuant to § 115.31, the agency
shall ensure that, to the extent the
agency itself conducts sexual abuse
investigations, its investigators have
received training in conducting such Analysis
investigations in confinement
settings.
(b) Specialized training shall include
techniques for interviewing sexual
abuse victims, proper use of
Miranda and Garrity warnings,
sexual abuse evidence collection in
confinement settings, and the
criteria and evidence required to
substantiate a case for
administrative action or prosecution
referral.
(c) The agency shall maintain
documentation that agency
investigators have completed the
required specialized training in
conducting sexual abuse
investigations.
(d) Any State entity or Department
of Justice component that
investigates sexual abuse in

This standard is substantively the
same. However, the DOJ standard
does apply to outside law
enforcement in the case where an
agency does not conduct its own
investigation.

29
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
confinement settings shall provide
such training to its agents and
investigators who conduct such
investigations.

TR-5

Specialized training:
Medical and mental health
care
The agency ensures that all fulland part-time medical and mental
health care practitioners working
in its facilities have been trained
in how to detect and assess signs
of sexual abuse and that all
medical practitioners are trained
in how to preserve physical
evidence of sexual abuse. All
medical and mental health care
practitioners must be trained in
how to respond effectively and
professionally to victims of
sexual abuse and how and to
whom to report allegations or
suspicions of sexual abuse. The
agency maintains documentation
that medical and mental health
practitioners have received this

115.35

Specialized training: Medical
and mental health care
(a) The agency shall ensure that all
full- and part-time medical and
mental health care practitioners who
work regularly in its facilities have
been trained in:
(1) How to detect and assess signs
of sexual abuse;
(2) How to preserve physical
evidence of sexual abuse;
(3) How to respond effectively and
professionally to victims of sexual
abuse; and
(4) How and to whom to report
allegations or suspicions of sexual
abuse.
(b) If medical staff employed by the
agency conduct forensic
examinations, such medical staff
shall receive the appropriate training
to conduct such examinations.

Change

This standard is substantively the
same. However, the DOJ standard
does state that if forensic medical
exams are to be done in house by
agency medical staff they have to
receive appropriate training.

Analysis

30
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD
specialized training.

Screening for Risk and Abusiveness
SC-1

Screening for risk of
victimization and
abusiveness
All inmates are screened during
intake, during the initial
classification process, and at all
subsequent classification reviews
to assess their risk of being
sexually abused by other inmates
or sexually abusive toward other
inmates. Employees must
conduct this screening using a
written screening instrument
tailored to the gender of the

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
(c) The agency shall maintain
documentation that medical and
mental health practitioners have
received the training referenced in
this standard either from the agency
or elsewhere.

Screening for Risk of Sexual Abuse and
Abusiveness
115.41
Screening for risk of
victimization and abusiveness
(a) All inmates shall be screened
during the intake process and during
the initial classification process to
assess their risk of being sexually
abused by other inmates or sexually
abusive toward other inmates.
(b) Such screening shall be
conducted using an objective
screening instrument, blank copies
of which shall be made available to
the public upon request.
(c) The initial classification process
shall consider, at a minimum, the

Change

The DOJ standard adds
immigration status to the
screening questions.
The DOJ standard outlines that
the risk assessment must be done
in 30 days.
The DOJ standard outlines times
when rescreening may be
neccessary

31
Created by the Project on Addressing Prison Rape at the Washington College of Law
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD
population being screened.
Although additional factors may
be considered, particularly to
account for emerging research
and the agency’s own data analysis, screening instruments must
contain the criteria described
below. All screening instruments
must be made available to the
public upon request.
• At a minimum, employees use
the following criteria to screen
male inmates for risk of victimization: mental or physical
disability, young age, slight
build, first incarceration in prison
or jail, nonviolent history, prior
convictions for sex offenses
against an adult or child, sexual
orientation of gay or bisexual,
gender nonconformance (e.g.,
transgender or intersex identity),
prior sexual victimization, and

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
following criteria to screen inmates
for risk of sexual victimization:
(1) Whether the inmate has a
mental, physical, or developmental
disability;
(2) The age of the inmate, including
whether the inmate is a juvenile;
(3) The physical build of the inmate;
(4) Whether the inmate has
previously been incarcerated;
(5) Whether the inmate’s criminal
history is exclusively nonviolent;
(6) Whether the inmate has prior
convictions for sex offenses against
an adult or child;
(7) Whether the inmate is gay,
lesbian, bisexual, transgender, or
intersex;
(8) Whether the inmate has
previously experienced sexual
victimization;
(9) The inmate’s own perception of
vulnerability; and

DOJ
reasoning
for change

By clarifying that intake
screenings be done in the first 30
days the department is allowing
agencies with rapid turn-over to
avoid conducting full
classification while ensuring that
an inmate is screened
appropriately upon intake.

DOJ
question(s)
relating to
this
standard

Q22: “Should the final rule
provide greater guidance
regarding the required scope of
the intake screening, and if so,
how?”

32
Created by the Project on Addressing Prison Rape at the Washington College of Law
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February 2011

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NUMBER

STANDARD
the inmate’s own perception of
vulnerability.
• At a minimum, employees use
the following criteria to screen
male inmates for risk of being
sexually abusive: prior acts of
sexual abuse and prior
convictions for violent offenses.
• At a minimum, employees use
the following criteria to screen
female inmates for risk of sexual
victimization: prior sexual
victimization and the inmate’s
own perception of vulnerability.
• At a minimum, employees use
the following criteria to screen
female inmates for risk of being
sexually abusive: prior acts of
sexual abuse.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
(10) Whether the inmate is detained
solely on civil immigration charges.
(d) The initial classification process
shall consider prior acts of sexual
abuse, prior convictions for violent
offenses, and history of prior
institutional violence or sexual
abuse, as known to the agency, in
screening inmates for risk of being
sexually abusive.
(e) An agency shall conduct such
initial classification within 30 days
of the inmate’s confinement.
(f) Inmates shall be rescreened when
warranted due to a referral, request,
or incident of sexual victimization.
Inmates may not be disciplined for
refusing to answer particular
questions or for not disclosing
complete information.
(g) The agency shall implement
appropriate controls on the
dissemination of responses to
screening questions within the
facility in order to ensure that
sensitive information is not
exploited to the inmate’s detriment
by staff or other inmates.

Analysis

33
Created by the Project on Addressing Prison Rape at the Washington College of Law
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER
STANDARD
SC-2
Use of screening information
Employees use information from
the risk screening (SC-1) to
inform housing, bed, work,
education, and program
assignments with the goal of
keeping separate those inmates at
high risk of being sexually
victimized from those at high risk
of being sexually abusive. The
facility makes individualized
determinations about how to
ensure the safety of each inmate.
Lesbian, gay, bisexual,
transgender, or other gendernonconforming inmates are not
placed in particular facilities,
units, or wings solely on the basis
of their sexual orientation, genital
status, or gender identity.
Inmates at high risk for sexual
victimization may be placed in
segregated housing only as a last
resort and then only until an
alternative means of separation
from likely abusers can be
arranged. To the extent possible,
risk of sexual victimization
should not limit access to
programs, education, and work

DOJ REVISED STANDARD
NUMBER
STANDARD
115.42
Use of screening information
(a) The agency shall use
information from the risk screening
to inform housing, bed, work,
education, and program assignments
with the goal of keeping separate
those inmates at high risk of being
sexually victimized from those at
high risk of being sexually abusive.
(b) The agency shall make
individualized determinations about
how to ensure the safety of each
inmate.
(c) In deciding whether to assign a
transgender or intersex inmate to a
facility for male or female inmates,
and in making other housing and
programming assignments, the
agency shall consider on a case-bycase basis whether a placement
would ensure the inmate’s health
and safety, and whether the
placement would present
management or security problems.
(d) Placement and programming
assignments for such an inmate shall
be reassessed at least twice each
year to review any threats to safety
experienced by the inmate.
(e) Such inmate’s own views with

Analysis
Change

The DOJ standard does not
include the NPREC ban on
assigning inmates to particular
units based on sexual orientation
or gender identity.
The DOJ standard stipulates that
transgender and intersex inmates
should receive individual
assessments and reassessments
twice a year.

Analysis

34
Created by the Project on Addressing Prison Rape at the Washington College of Law
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

opportunities.

Analysis

STANDARD
respect to his or her own safety shall
be given serious consideration.

115.43

Protective custody

Change

This is a new DOJ standard.

(a) Inmates at high risk for sexual
victimization may be placed in
involuntary segregated housing only
after an assessment of all available
alternatives has been made, and then
only until an alternative means of
separation from likely abusers can
be arranged.
(b) Inmates placed in segregated
housing for this purpose shall have
access to programs, education, and
work opportunities to the extent
possible.
(c) The agency shall not ordinarily
assign such an inmate to segregated

DOJ
reasoning
for change

DOJ wanted to expand on the use
of protective custody discussed
under NPREC SC-2.
DOJ recognizes while protective
custody may be necessary to
ensure safety, it can also deter
reporting. This standard attempts
to balance these concerns

35
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NUMBER

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NUMBER

STANDARD
housing involuntarily for a period
exceeding 90 days.
(d) If an extension is necessary, the
agency shall clearly document:
(1) The basis for the agency’s
concern for the inmate’s safety; and
(2) The reason why no alternative
means of separation can be
arranged.
(e) Every 90 days, the agency shall
afford each such inmate a review to
determine whether there is a
continuing need for separation from
the general population.

RE-1

Reporting
Inmate reporting
The facility provides multiple
internal ways for inmates to
report easily, privately, and
securely sexual abuse, retaliation
by other inmates or staff for
reporting sexual abuse, and staff

115.51

Analysis

Reporting
Inmate reporting
(a) The agency shall provide
multiple internal ways for inmates
to privately report sexual abuse and
sexual harassment, retaliation by
other inmates or staff for reporting
sexual abuse and sexual harassment,

Analysis

Change

The DOJ standard does not
include the NPREC the provisions
for an inmate’s request for
confidentiality in third party
reporting.

36
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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STANDARD
neglect or violation of
responsibilities that may have
contributed to an incident of
sexual abuse. The facility also
provides at least one way for
inmates to report the abuse to an
outside public entity or office not
affiliated with the agency that has
agreed to receive reports and
forward them to the facility head
(RP-2), except when an inmate
requests confidentiality. Staff
accepts reports made verbally, in
writing, anonymously, and from
third parties and immediately
puts into writing any verbal
reports.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
and staff neglect or violation of
responsibilities that may have
contributed to an incident of sexual
abuse.
(b) Pursuant to § 115.22, the agency
shall also make its best efforts to
provide at least one way for inmates
to report abuse or harassment to an
outside governmental entity that is
not affiliated with the agency or that
is operationally independent from
agency leadership, such as an
inspector general or ombudsperson,
and that is able to receive and
immediately forward inmate reports
of sexual abuse and sexual
harassment to agency officials.
(c) Staff shall accept reports made
verbally, in writing, anonymously,
and from third parties and shall
promptly document any verbal
reports.
(d) The agency shall provide a
method for staff to privately report
sexual abuse and sexual harassment
of inmates.

DOJ
reasoning
for change

Commenters expressed concern
that a public entity would be
required to ignore reports of
criminal activity if an inmate
requested confidentiality. DOJ
eliminated this exception

DOJ
question(s)
relating to
this
standard

Q23: “Should the final rule
mandate that agencies provide
inmates with the option of making
a similarly restricted report to an
outside public entity? To what
extent, if any, would such an
option conflict with applicable
State or local law?”

Analysis

37
Created by the Project on Addressing Prison Rape at the Washington College of Law
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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DOJ REVISED STANDARD

NUMBER
STANDARD
NUMBER
STANDARD
RE-2
115.52
Exhaustion
of administrative
Exhaustion of administrative
remedies
remedies
Under agency policy, an inmate
has exhausted his or her
administrative remedies with
regard to a claim of sexual abuse
either (1) when the agency makes
a final decision on the merits of
the report of abuse (regardless of
whether the report was made by
the inmate, made by a third party,
or forwarded from an outside
official or office) or (2) when 90
days have passed since the report
was made, whichever occurs
sooner. A report of sexual abuse
triggers the 90-day exhaustion
period regardless of the length of
time that has passed between the
abuse and the report. An inmate
seeking immediate protection
from imminent sexual abuse will
be deemed to have exhausted his
or her administrative remedies 48
hours after notifying any agency
staff member of his or her need
for protection.

Analysis
Change

(a)(1) The agency shall provide an
inmate a minimum of 20 days
following the occurrence of an
alleged incident of sexual abuse to
DOJ
file a grievance regarding such
reasoning
incident.
for change
(2) The agency shall grant an
extension of no less than 90 days
from the deadline for filing such a
grievance when the inmate provides
documentation, such as from a
medical or mental health provider or
counselor, that filing a grievance
within the normal time limit was or
would likely be impractical, whether
due to physical or psychological
trauma arising out of an incident of
sexual abuse, the inmate having
been held for periods of time outside
of the facility, or other
circumstances indicating
impracticality. Such an extension
shall be afforded retroactively to an
inmate whose grievance is filed
subsequent to the normal filing
deadline.

The DOJ standard defines the
exhaustion process further and
extends timeframes.

Commenters raised concerns
about the legality of NPREC
standards regarding exhaustion
requirements. DOJ balanced
legitimate agency concerns with
inmate’s appropriate access to the
legal process.
DOJ feels the immanent harm
proposal by the NPREC is
unworkable and will allow for
immediate access to the courts
thus allowing for the filing of
frivolous claims.
Instead agencies will have to
establish emergency reporting
procedures.

38
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
(b)(1) The agency shall issue a final
agency decision on the merits of a
grievance alleging sexual abuse
within 90 days of the initial filing of
the grievance.
(2) Computation of the 90-day time
period shall not include time
consumed by inmates in appealing
any adverse ruling.
(3) An agency may claim an
extension of time to respond, of up
to 70 days, if the normal time period
for response is insufficient to make
an appropriate decision.
(4) The agency shall notify the
inmate in writing of any such
extension and provide a date by
which a decision will be made.
I(1) Whenever an agency is notified
of an allegation that an inmate has
been sexually abused, other than by
notification from another inmate, it
shall consider such notification as a
grievance or request for informal
resolution submitted on behalf of
the alleged inmate victim for
purposes of initiating the agency
administrative remedy process.
(2) The agency shall inform the
alleged victim that a grievance or

DOJ
question(s)
relating to
this
standard

Q24: “Because the Department’s
proposed standard addressing
administrative remedies differs
significantly from the
Commission’s draft, the
Department specifically
encourages comments on all
aspects of this proposed
standard.”

Analysis

39
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
request for informal resolution has
been submitted on his or her behalf
and shall process it under the
agency’s normal procedures unless
the alleged victim expressly requests
that it not be processed. The agency
shall document any such request.
(3) The agency may require the
alleged victim to personally pursue
any subsequent steps in the
administrative remedy process.
(4) The agency shall also establish
procedures to allow the parent or
legal guardian of a juvenile to file a
grievance regarding allegations of
sexual abuse, including appeals, on
behalf of such juvenile.
(d)(1) An agency shall establish
procedures for the filing of an
emergency grievance where an
inmate is subject to a substantial risk
of imminent sexual abuse.
(2) After receiving such an
emergency grievance, the agency
shall immediately forward it
to a level of review at which
corrective action may be taken,
provide an initial response within
48 hours, and a final agency
decision within five calendar days.

40
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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DOJ REVISED STANDARD
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Analysis

STANDARD
(3) The agency may opt not to take
such actions if it determines that no
emergency exists,
in which case it may either:
(5) Process the grievance as a
normal grievance; or
(ii) Return the grievance to the
inmate, and require the inmate to
follow the agency’s normal
grievance procedures.
(4) The agency shall provide a
written explanation of why the
grievance does not qualify as an
emergency.
(5) An agency may discipline an
inmate for intentionally filing an
emergency grievance where no
emergency exists.

RE-3

Inmate access to outside
confidential support services
In addition to providing on-site
mental health care services, the
facility provides inmates with access to outside victim advocates

115.53

Inmate access to outside
confidential support services
(a) In addition to providing onsite
mental health care services, the
facility shall provide inmates with
access to outside victim advocates

Change

The DOJ standard allows for
monitoring of inmate access to
outside resources.

41
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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DOJ REVISED STANDARD
NUMBER

for emotional support services
related to sexual abuse. The facility provides such access by
giving inmates the current
mailing addresses and telephone
numbers, including toll-free
hotline numbers, of local, State,
and/or national victim advocacy
or rape crisis organizations and
enabling reasonable
communication between inmates
and these organizations. The
facility ensures that
communications with such
advocates are private,
confidential, and privileged, to
the extent allowable by Federal,
State, and local law. The facility
informs inmates, prior to giving
them access, of the extent to
which such communications will
be private, confidential, and/or
privileged.

RE-4

Third-party reporting
The facility receives and
investigates all third-party reports

115.54

Analysis

STANDARD
for emotional support services
related to sexual abuse by giving
inmates mailing addresses and
telephone numbers, including tollfree hotline numbers where
available, of local, State, or national
victim advocacy or rape crisis
organizations, and by enabling
reasonable communication between
inmates and these organizations, as
confidential as possible, consistent
with agency security needs.
(b) The facility shall inform
inmates, prior to giving them access,
of the extent to which such
communications will be monitored.

DOJ
reasoning
for change

Third-party reporting

Change

The facility shall establish a method
to receive third-party reports of

Commenters were concerned
about the inmates access to
outside support services without
monitoring. DOJ rectified this by
only allowing access as far as law
would allow. DOJ also specified
that contact only be as
confidential as possible as
weighed against the agencies
security needs.

Analysis

The DOJ standard does not
require notification to a third
party regarding the outcome of an
investigation.

42
Created by the Project on Addressing Prison Rape at the Washington College of Law
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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STANDARD
of sexual abuse (IN-1). At the
conclusion of the investigation,
the facility notifies in writing the
third-party individual who
reported the abuse and the inmate
named in the third-party report of
the outcome of the investigation.
The facility distributes publicly
information on how to report
sexual abuse on behalf of an
inmate.

OR-1

Official Response
Staff and facility head
reporting duties
All staff members are required to
report immediately and according
to agency policy any knowledge,
suspicion, or information they
receive regarding an incident of
sexual abuse that occurred in an
institutional setting; retaliation
against inmates or staff who

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
sexual abuse and shall distribute
publicly information on how to
report sexual abuse on behalf of an
inmate.

Analysis

Official Response Following an Inmate Report
Change
115.61
Staff and agency reporting
duties
(a) The agency shall require all staff
to report immediately and according
to agency policy any knowledge,
suspicion, or information regarding
an incident of sexual abuse that
occurred in an institutional setting;
retaliation against inmates or staff
who reported abuse; and any staff

The DOJ standard adds that the
facility is required to report abuse
to the facility’s investigators

43
Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NUMBER

STANDARD
reported abuse; and any staff
neglect or violation of
responsibilities that may have
contributed to an incident of
sexual abuse or retaliation. Apart
from reporting to designated
supervisors or officials, staff
must not reveal any information
related to a sexual abuse report to
anyone other than those who
need to know, as specified in
agency policy, to make
treatment, investigation, and
other security and management
decisions. Unless otherwise
precluded by Federal, State, or
local law, medical and mental
health practitioners are required
to report sexual abuse and must
inform inmates of their duty to
report at the initiation of services.
If the victim is under the age of
18 or considered a vulnerable
adult under a State or local
vulnerable persons statute, the
facility head must report the
allegation to the designated State
or local services agency under
applicable mandatory reporting
laws.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
neglect or violation of
responsibilities that may have
contributed to an incident of sexual
abuse or retaliation.
(b) Apart from reporting to
designated supervisors or officials,
staff shall not reveal any
information related to a sexual
abuse report to anyone other than
those who need to know, as
specified in agency policy, to make
treatment, investigation, and other
security and management decisions.
(c) Unless otherwise precluded by
Federal, State, or local law, medical
and mental health practitioners shall
be required to report sexual abuse
pursuant to paragraph (a) of this
section and to inform inmates of the
practitioner’s duty to report at the
initiation of services.
(d) If the victim is under the age of
18 or considered a vulnerable adult
under a State or local vulnerable
persons statute, the agency shall
report the allegation to the
designated State or local services
agency under applicable mandatory
reporting laws.
(e) The facility shall report all

Analysis

44
Created by the Project on Addressing Prison Rape at the Washington College of Law
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
allegations of sexual abuse,
including third-party and
anonymous reports, to the facility’s
designated investigators.

OR-2

Reporting to other
confinement facilities
When the facility receives an
allegation that an inmate was
sexually abused while confined
at another facility, the head of the
facility where the report was
made notifies in writing the head
of the facility where the alleged
abuse occurred. The head of the
facility where the alleged abuse
occurred ensures the allegation is
investigated.

115.62

Reporting to other confinement Change
facilities
(a) Within 14 days of receiving an
allegation that an inmate was
sexually abused while confined at
another facility, the head of the
facility that received the allegation
shall notify in writing the head of
the facility or appropriate central
office of the agency where the
alleged abuse occurred.
(b) The facility head or central
office that receives such notification
shall ensure that the allegation is
investigated in accordance with
these standards.

The DOJ standard defines the
timeframe for reporting.

Analysis

45
Created by the Project on Addressing Prison Rape at the Washington College of Law
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February 2011

PREA Standards Comparison
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NPREC STANDARD
NUMBER
STANDARD
OR-3
Staff first responder duties

DOJ REVISED STANDARD
NUMBER
STANDARD
115.63
Staff first responder duties

Upon learning that an inmate was
sexually abused within a time
period that still allows for the
collection of physical evidence,
the first security staff member to
respond to the report is required
to (1) separate the alleged victim
and abuser; (2) seal and preserve
any crime scene(s); and (3)
instruct the victim not to take any
actions that could destroy
physical evidence, including
washing, brushing his or her
teeth, changing his or her clothes,
urinating, defecating, smoking,
drinking, or eating. If the first
staff responder is a non-security
staff member, he or she is
required to instruct the victim not
to take any actions that could
destroy physical evidence and
then notify security staff.

OR-4

Coordinated response
All actions taken in response to
an incident of sexual abuse are

(a) Upon learning that an inmate
was sexually abused within a time
period that still allows for the
collection of physical evidence, the
first security staff member to
respond to the
report shall be required to:
(1) Separate the alleged victim and
abuser;
(2) Seal and preserve any crime
scene; and
(3) Request the victim not to take
any actions that could destroy
physical evidence, including
washing, brushing teeth, changing
clothes, urinating, defecating,
smoking, drinking, or eating.
(b) If the first staff responder is not
a security staff member, the
responder shall be required to
request the victim not to take any
actions that could destroy physical
evidence, and then notify security
staff.

115.64

Coordinated response

Analysis
This standard is substantively the same.

Analysis

This standard is substantively the same.

The facility shall coordinate actions
taken in response to an incident of

46
Created by the Project on Addressing Prison Rape at the Washington College of Law
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

coordinated among staff first responders, medical and mental
health practitioners,
investigators, and facility
leadership. The facility’s
coordinated response ensures that
victims receive all necessary
immediate and ongoing medical,
mental health, and support
services and that investigators are
able to obtain usable evidence to
substantiate allegations and hold
perpetrators accountable.

OR-5

Agency protection against
retaliation
The agency protects all inmates
and staff who report sexual abuse
or cooperate with sexual abuse
investigations from retaliation by
other inmates or staff. The
agency employs multiple
protection measures, including
housing changes or transfers for
inmate victims or abusers,

115.65

Analysis

STANDARD
sexual abuse, among staff first
responders, medical and mental
health practitioners, investigators,
and facility leadership.

DOJ
question(s)
relating to
this
standard
Analysis

Q25: “Does this standard provide
sufficient guidance as to how
compliance would be measured?
If not, how should it be revised?”

Agency protection against
retaliation

Change

The DOJ standard adds the
following language:

(a) The agency shall protect all
inmates and staff who report sexual
abuse or sexual harassment or
cooperate with sexual abuse or
sexual harassment investigations
from retaliation by other inmates or
staff.
(b) The agency shall employ
multiple protection measures,

The agency shall not enter into or
renew any collective bargaining
agreement or other agreement that
limits the agency’s ability to remove
alleged staff abusers from contact
with victims pending an
investigation.

47
Created by the Project on Addressing Prison Rape at the Washington College of Law
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February 2011

PREA Standards Comparison
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NUMBER

STANDARD
removal of alleged staff or
inmate abusers from contact with
victims, and emotional support
services for inmates or staff who
fear retaliation for reporting
sexual abuse or cooperating with
investigations. The agency
monitors the conduct and/or
treatment of inmates or staff who
have reported sexual abuse or
cooperated with investigations,
including any inmate disciplinary
reports, housing, or program
changes, for at least 90 days
following their report or
cooperation to see if there are
changes that may suggest
possible retaliation by inmates or
staff. The agency discusses any
changes with the appropriate
inmate or staff member as part of
its efforts to determine if
retaliation is taking place and,
when confirmed, immediately
takes steps to protect the inmate
or staff member.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
including housing changes or
transfers for inmate victims or
abusers, removal of alleged staff or
inmate abusers from contact with
victims, and emotional support
services for inmates or staff who
fear retaliation for reporting sexual
abuse or sexual harassment or for
cooperating with investigations.
(c) The agency shall monitor the
conduct and treatment of inmates or
staff who have reported sexual
abuse or cooperated with
investigations, including any inmate
disciplinary
reports, housing, or program
changes, for at least 90 days
following their report or
cooperation, to see if there are
changes that may suggest possible
retaliation by inmates or staff, and
shall act promptly to remedy any
such retaliation. The agency shall
continue such monitoring beyond 90
days if the initial monitoring
indicates a continuing need.
(d) The agency shall not enter into
or renew any collective bargaining
agreement or other agreement that
limits the agency’s ability to remove

DOJ
reasoning
for change

DOJ wanted to build on the
suggestion from NPREC

DOJ
question(s)
relating to
this
standard

Q26: “Should the standard be
further refined to provide
additional guidance regarding
when continuing monitoring is
warranted, or is the current
language sufficient?”

Analysis

48
Created by the Project on Addressing Prison Rape at the Washington College of Law
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February 2011

PREA Standards Comparison
Standards for Adult Prisons and Jails

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
alleged staff abusers from contact
with victims pending an
investigation.

115.66

Post allegation protective
custody
Any use of segregated housing to
protect an inmate who is alleged to
have suffered sexual abuse shall be
subject to the requirements of §
115.43.

IN-1

Investigations
Duty to investigate

Change

This is a new DOJ standard.

DOJ
reasoning
for change

DOJ saw a need to clarify the use
of protective custody

Analysis

Investigations

The facility investigates all
allegations of sexual abuse,
including third-party and
anonymous reports, and notifies
victims and/or other
complainants in writing of

DOJ did not choose to adopt this standard.

DOJ
reasoning
for change

Notification requirements under
the NPREC standard have been
replaced by DOJ standard 115.73

49
Created by the Project on Addressing Prison Rape at the Washington College of Law
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February 2011

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

STANDARD

investigation outcomes and any
disciplinary or criminal
sanctions, regardless of the
source of the allegation. All
investigations are carried through
to completion, regardless of
whether the alleged abuser or
victim remains at the facility.

IN-2

Criminal and administrative
agency investigations
Agency investigations into
allegations of sexual abuse are
prompt, thorough, objective, and
conducted by investigators who
have received special training in
sexual abuse investigations (TR4). When outside agencies
investigate sexual abuse, the
facility has a duty to keep abreast
of the investigation and
cooperate with outside
investigators (RP-3).
Investigations include the
following elements:
• Investigations are initiated and
completed within the timeframes
established by the highestranking facility official, and the

Analysis
Analysis

115.71

Criminal and administrative
agency investigations
(a) When the agency conducts its
own investigations into allegations
of sexual abuse, it shall do so
promptly, thoroughly, and
objectively, using investigators who
have received special training in
sexual abuse investigations pursuant
to § 115.34, and shall investigate all
allegations of sexual abuse,
including third-party and
anonymous reports.
(b) Investigators shall gather and
preserve direct and circumstantial
evidence, including any available
physical and DNA evidence and any
available electronic monitoring data;
shall interview alleged victims,
suspected perpetrators, and

Change

DOJ added the following to the
standard:
(h) The agency shall retain such
investigative records for as long as
the alleged abuser is incarcerated or
employed by the agency, plus five
years.
(i) The departure of the alleged
abuser or victim from the
employment or control of the facility
or agency shall not provide a basis
for terminating an investigation.
(j) Any State entity or Department of
Justice component that conducts such
investigations shall do so pursuant to
the above requirements.
(k) When outside agencies
investigate sexual abuse, the facility
shall cooperate with outside
investigators and shall endeavor to
remain informed about the progress
of the investigation.

50
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NPREC STANDARD
NUMBER

STANDARD
highest-ranking official approves
the final investigative report.
• Investigators gather direct and
circumstantial evidence,
including physical and DNA
evidence when available;
interview alleged victims,
suspected perpetrators, and
witnesses; and review prior
complaints and reports of sexual
abuse involving the suspected
perpetrator.
• When the quality of evidence
appears to support criminal
prosecution, prosecutors are
contacted to determine whether
compelled interviews may be an
obstacle for subsequent criminal

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
witnesses; and shall review prior
complaints and reports of sexual
abuse involving the suspected
perpetrator.
(c )When the quality of evidence
appears to support criminal
prosecution, the agency shall
conduct compelled interviews only
after consulting with prosecutors as
to whether compelled interviews
may be an obstacle for subsequent
criminal prosecution.
(d) The credibility of a victim,
suspect, or witness shall be assessed
on an individual basis and shall not
be determined by the person’s status
as inmate or staff.
(e) Administrative investigations:

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STANDARD
prosecution.
• Investigative findings are based
on an analysis of the evidence
gathered and a determination of
its probative value.
• The credibility of a victim,
suspect, or witness is assessed on
an individual basis and is not
determined by the person’s status
as inmate or staff.
• Investigations include an effort
to determine whether staff
negligence or collusion enabled
the abuse to occur.
• Administrative investigations
are documented in written reports
that include a description of the
physical and testimonial evidence
and the reasoning behind
credibility assessments.
• Criminal investigations are
documented in a written report
that contains a thorough
description of physical,
testimonial, and documentary
evidence and provides a
proposed list of exhibits.
• Substantiated allegations of
conduct that appears to be
criminal are referred for

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
(1) Shall include an effort to
determine whether staff actions or
failures to act facilitated the abuse;
and
(2) Shall be documented in written
reports that include a description of
the physical and testimonial
evidence, the reasoning behind
credibility assessments, and
investigative findings.
(f) Criminal investigations shall be
documented in a written report that
contains a thorough description of
physical, testimonial, and
documentary evidence and attaches
copies of all documentary evidence
where feasible.
(g) Substantiated allegations of
conduct that appears to be criminal
shall be referred for prosecution.
(h) The agency shall retain such
investigative records for as long as
the alleged abuser is incarcerated or
employed by the agency, plus five
years.
(i) The departure of the alleged
abuser or victim from the
employment or control of the
facility or agency shall not provide a
basis for terminating an

Analysis

52
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February 2011

PREA Standards Comparison
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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

prosecution.

IN-3

Evidence standard for
administrative investigations
Allegations of sexual abuse are
substantiated if supported by a
preponderance of the evidence.

Analysis

STANDARD
investigation.
(j) Any State entity or Department
of Justice component that conducts
such investigations shall do so
pursuant to the above requirements.
(k) When outside agencies
investigate sexual abuse, the facility
shall cooperate with outside
investigators and shall endeavor to
remain informed about the progress
of the investigation.

115.72

Evidentiary standard for
administrative investigations
The agency shall impose no
standard higher than a
preponderance of the evidence in
determining whether allegations of
sexual abuse are substantiated.

This standard is substantively the same.
Analysis

53
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February 2011

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER
STANDARD
115.73
Reporting to Inmates
(a) Following an investigation into
an inmate’s allegation that he or she
suffered sexual abuse in an agency
facility, the agency shall inform the
inmate as to whether the allegation
has been determined to be
substantiated, unsubstantiated, or
unfounded.
(b) If the agency did not conduct the
investigation, it shall request the
relevant information from the
investigative agency in order to
inform the inmate.
© Following an inmate’s allegation
that a staff member has committed
sexual abuse, the agency shall
subsequently inform the inmate
whenever:
(1) The staff member is no longer
posted within the inmate’s unit;
(2) The staff member is no longer
employed at the facility;
(3) The agency learns that the staff
member has been indicted on a
charge related to sexual abuse
within the facility; or
(4) The agency learns that the staff
member has been convicted on a
charge related to sexual abuse

Analysis
Change

This is a new DOJ standard.

DOJ
reasoning
for change

This standard was proposed to
strike a balance between staff
member privacy and the inmate’s
right to know the outcome of an
investigation while protecting the
security of both.

Analysis

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February 2011

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STANDARD

DOJ REVISED STANDARD
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Analysis

STANDARD
within the facility.
This requirement shall not apply to
allegations that have been
determined to be unfounded.

DI-1

Discipline
Disciplinary sanctions for
staff
Staff is subject to disciplinary
sanctions up to and including
termination when staff has
violated agency sexual abuse
policies. The presumptive
disciplinary sanction for staff
members who have engaged in
sexually abusive contact or
penetration is termination. This
presumption does not limit
agency discretion to impose
termination for other sexual
abuse policy violations. All
terminations for violations of
agency sexual abuse policies are
to be reported to law enforcement
agencies and any relevant
licensing bodies.

115.76

Discipline
Disciplinary sanctions for staff

Change

(a) Staff shall be subject to
disciplinary sanctions up to and
including termination for violating
agency sexual abuse or sexual
harassment policies.
(b) Termination shall be the
Analysis
presumptive disciplinary sanction
for staff who have engaged in sexual
touching.
(c) Sanctions shall be commensurate
with the nature and circumstances of
the acts committed, the staff
member’s disciplinary history, and
the sanctions imposed for
comparable offenses by other staff
with similar histories.
(d) All terminations for violations of
agency sexual abuse or sexual
harassment policies, or resignations
by staff who would have been

The DOJ standard limits the
NPREC standard by not requiring
a report to law enforcement if the
conduct was clearly not criminal

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February 2011

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STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
terminated if not for their
resignation, shall be reported to law
enforcement agencies, unless the
activity was clearly not criminal,
and to any relevant licensing bodies.

DI-2

Disciplinary sanctions for
inmates
Inmates are subject to
disciplinary sanctions pursuant to
a formal disciplinary process
following an administrative
ruling that the inmate engaged in
inmate-on-inmate sexual abuse or
following a criminal finding of
guilt for inmate-on-inmate sexual
abuse. Sanctions are
commensurate with the nature
and circumstances of the abuse
committed, the inmate’s
disciplinary history, and the
sanctions meted out for
comparable offenses by other
inmates with similar histories.

115.77

Disciplinary sanctions for
inmates
(a) Inmates shall be subject to
disciplinary sanctions pursuant to a
formal disciplinary process
following an administrative finding
that the inmate engaged in inmateon-inmate sexual abuse or following
a criminal finding of guilt for
inmate-on-inmate sexual abuse.
(b) Sanctions shall be commensurate
with the nature and circumstances of
the abuse committed, the inmate’s
disciplinary history, and the
sanctions imposed for comparable
offenses by other inmates with
similar histories.
(c) The disciplinary process shall

Change

The DOJ standard made 4
changes to the NPREC standard
they are:
No requirement for therapy
Does not permit disciplining
inmates for sex with staff without
a finding that the staff member
did not consent to such contact
Inmates may not be punished for
good faith allegations
Agencies must not consider
consensual sexual contact
between inmates as sexual abuse

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February 2011

PREA Standards Comparison
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NPREC STANDARD
NUMBER

STANDARD
The disciplinary process must
consider whether an inmate’s
mental disabilities or mental
illness contributed to his or her
behavior when determining what
type of sanction, if any, should
be imposed. Possible sanctions
also include interventions
designed to address and correct
underlying reasons or motivation
for the abuse, such as requiring
the offending inmate to
participate in therapy,
counseling, or other programs.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
consider whether an inmate’s mental Analysis
disabilities or mental illness
contributed to his or her behavior
when determining what type of
sanction, if any, should be imposed.
(d) If the facility offers therapy,
counseling, or other interventions
designed to address and correct
underlying reasons or motivations
for the abuse, the facility shall
consider whether to require the
offending inmate to participate in
such interventions as a condition of
access to programming or other
benefits.
(e) The agency may discipline an
inmate for sexual contact with staff
only upon a finding that the staff
member did not consent to such
contact.
(f) For the purpose of disciplinary
action, a report of sexual abuse
made in good faith based upon a
reasonable belief that the alleged
conduct occurred shall not constitute
falsely
reporting an incident or lying, even
if an investigation does not establish
evidence sufficient to substantiate
the allegation.

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STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
(g) Any prohibition on inmate-oninmate sexual activity shall not
consider consensual sexual activity
to constitute sexual abuse.

Medical and Mental Health
MM-1
Medical and mental health
screenings—history of
sexual abuse
Qualified medical or mental
health practitioners ask inmates
about prior sexual victimization
and abusiveness during medical
and mental health reception and
intake screenings. If an inmate
discloses prior sexual
victimization or abusiveness,

Medical and Mental Care
115.81
Medical and mental health
screenings; history of sexual
abuse
(a) All prisons shall ask inmates
about prior sexual victimization and
abusiveness during intake or
classification screenings.
(b) If a prison inmate discloses prior
sexual victimization or abusiveness,
whether it occurred in an
institutional setting or in the

Change

The DOJ standard does not
specify that medical or mental
health staff have to conduct the
screening however, if there is a
reported sexual abuse incident the
standard does require follow up in
14 days by medical/ mental health

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NUMBER

STANDARD
whether it occurred in an
institutional setting or in the
community, during a medical or
mental health reception or intake
screening, the practitioner
provides the appropriate referral
for treatment, based on his or her
professional judgment. Any
information related to sexual
victimization or abusiveness that
occurred in an institutional
setting must be strictly limited to
medical and mental health
practitioners and other staff, as
required by agency policy and
Federal, State, or local law, to
inform treatment plans and
security and management
decisions, including housing,
bed, work, education, and
program assignments. Medical
and mental health practitioners
must obtain informed consent
from inmates before reporting
information about prior sexual
victimization that did not occur
in an institutional setting, unless
the inmate is under the age of 18.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
community, staff shall ensure that
the inmate is
offered a follow-up reception with a
medical or mental health
practitioner within 14 days of the
intake screening.
(c) All jails shall ask inmates about
prior sexual victimization during the
intake process or classification
screenings.
(d) If a jail inmate discloses prior
sexual victimization, whether it
occurred in an institutional setting
or in the community, staff shall
ensure that the inmate is offered a
follow-up reception with a medical
or mental health practitioner within
14 days of the intake screening.
(e) Any information related to
sexual victimization or abusiveness
that occurred in an institutional
setting shall be strictly limited to
medical and mental health
practitioners and other
staff, as required by agency policy
and Federal, State, or local law, to
inform treatment plans and security
and management decisions,
including housing, bed, work,
education, and program

DOJ
reasoning
for change

Commenters felt was too costly to
require mental health practitioners
to do this
DOJ standard does not specify
who conducts the screening

Analysis

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February 2011

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STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
assignments.
(f) Medical and mental health
practitioners shall obtain informed
consent from inmates before
reporting information about prior
sexual victimization that did not
occur in an institutional setting,
unless the inmate is under the age of
18.

MM-2

Access to emergency medical
and mental health services
Victims of sexual abuse have
timely, unimpeded access to
emergency medical treatment and
crisis intervention services, the
nature and scope of which are
determined by medical and
mental health practitioners
according to their professional
judgment. Treatment services
must be provided free of charge
to the victim and regardless of
whether the victim names the
abuser. If no qualified medical or
mental health practitioners are on
duty at the time a report of recent
abuse is made, security staff first

115.82

Access to emergency medical
and mental health services
(a) Inmate victims of sexual abuse
shall receive timely, unimpeded
access to emergency medical
treatment and crisis intervention
services, the nature and scope of
which are determined by medical
and mental health practitioners
according to their professional
judgment.
(b) Treatment services shall be
provided to the victim without
financial cost and regardless of
whether the victim names the
abuser.
(c) If no qualified medical or mental
health practitioners are on duty at

Change

The DOJ added the following
language to this standard:
Inmate victims of sexual abuse while
incarcerated shall be offered timely
information about and access to all
pregnancy-related medical services
that are lawful in the community and
sexually transmitted infections
prophylaxis, where appropriate.

DOJ
question(s)
relating to
this
standard

Q27: “Does the standard that
requires known inmate abusers to
receive a mental health
evaluation within 60 days of
learning the abuse has occurred
provide adequate guidance
regarding the scope of treatment
that subsequently must be offered

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PREA Standards Comparison
Standards for Adult Prisons and Jails

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

responders take preliminary steps
to protect the victim (OR-3) and
immediately notify the
appropriate medical and mental
health practitioners.

MM-3

Ongoing medical and mental
health care for sexual abuse
victims and abusers
The facility provides ongoing
medical and/or mental health
evaluation and treatment to all
known victims of sexual abuse.
The evaluation and treatment of

STANDARD
the time a report of recent abuse is
made, security staff first responders
shall take preliminary steps to
protect the victim pursuant to §
115.63 and shall immediately notify
the appropriate medical and mental
health practitioners.
(d) Inmate victims of sexual abuse
while incarcerated shall be offered
timely information about and access
to all pregnancy-related medical
services that are lawful in the
community and sexually transmitted
infections prophylaxis, where
appropriate.

115.83

Analysis

Ongoing medical and mental
health care for sexual abuse
victims and abusers
(a) The facility shall offer ongoing
medical and mental health
evaluation and treatment to all
inmates who, during their present
term of incarceration, have been

to such abusers? If not, how
should it be revised?”

Analysis

Change

DOJ is expanding on two NPREC
suggestions: (1) pregnancy tests
must be provided and (2) there
must be access to STI
prophylaxis.

61
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NUMBER

STANDARD
sexual abuse victims must
include appropriate follow-up
services, treatment plans, and,
when necessary, referrals for
continued care following their
release from custody. The level
of medical and mental health care
provided to inmate victims must
match the community level of
care generally accepted by the
medical and mental health
professional communities. The
facility conducts a mental health
evaluation of all known abusers
and provides treatment, as
deemed necessary by qualified
mental health practitioners.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
victimized by sexual abuse.
(b) The evaluation and treatment of
sexual abuse victims shall include
appropriate follow-up services,
treatment plans, and, when
necessary, referrals for continued
care following their transfer to, or
placement in, other facilities, or
their release from custody.
(c) The facility shall provide inmate
victims of sexual abuse with
medical and mental health services
consistent with the community level
of care.
(d) All prisons shall conduct a
mental health evaluation of all
known inmate abusers within 60
days of learning of such abuse
history and offer treatment when
deemed appropriate by qualified
mental health practitioners.
(e) Inmate victims of sexually
abusive vaginal penetration while
incarcerated shall be offered
pregnancy tests.
(f) If pregnancy results, such victims
shall receive timely information
about and access to all pregnancyrelated medical services that are
lawful in the community.

Analysis

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PREA Standards Comparison
Standards for Adult Prisons and Jails

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STANDARD

Data Collection and Review
DC-1
Sexual abuse incident
reviews
The facility treats all instances of
sexual abuse as critical incidents
to be examined by a team of
upper management officials, with
input from line supervisors,
investigators, and medical/mental
health practitioners. The review
team evaluates each incident of
sexual abuse to identify any policy, training, or other issues
related to the incident that
indicate a need to change policy
or practice to better prevent,
detect, and/or respond to
incidents of sexual abuse. The
review team also considers
whether incidents were motivated
by racial or other group dynamics

DOJ REVISED STANDARD
NUMBER

115.86

Analysis

STANDARD

Data Collection and Review
Sexual abuse incident reviews
(a) The facility shall conduct a
sexual abuse incident review at the
conclusion of every sexual abuse
investigation, including where the
allegation has not been
substantiated, unless the allegation
has been determined to be
unfounded.
(b) The review team shall include
upper management officials, with
input from line supervisors,
investigators, and medical or mental
health practitioners.
(c) The review team shall:
(1) Consider whether the allegation
or investigation indicates a need to
change policy or practice to better
prevent, detect, or respond to sexual
abuse;

Change

The DOJ standard does not
require a review after unfounded
allegations.
The DOJ standard added the
following areas for review:
Examine the area in the facility
where the incident allegedly
occurred to assess whether
physical barriers in the area may
enable abuse;
Assess the adequacy of staffing
levels in that area during different
shifts;
Assess whether monitoring
technology should be deployed or
augmented to supplement supervision
by staff

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NUMBER

STANDARD
at the facility. When incidents are
determined to be motivated by
racial or other group dynamics,
upper management officials
immediately notify the agency
head and begin taking steps to
rectify those underlying
problems. The sexual abuse
incident review takes place at the
conclusion of every sexual abuse
investigation, unless the
allegation was determined to be
unfounded. The review team
prepares a report of its findings
and recommendations for
improvement and submits it to
the facility head.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
(2) Consider whether the incident or
allegation was motivated or
otherwise caused by the perpetrator
or victim’s race, ethnicity, sexual
orientation, gang affiliation, or other
group
dynamics at the facility;
(3) Examine the area in the facility
where the incident allegedly
occurred to assess whether physical
barriers in the area may enable
Analysis
abuse;
(4) Assess the adequacy of staffing
levels in that area during different
shifts;
(5) Assess whether monitoring
technology should be deployed or
augmented to supplement
supervision by staff; and
(6) Prepare a report of its findings
and any recommendations for
improvement and submit such report
to the facility head and PREA
coordinator, if any.

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PREA Standards Comparison
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NUMBER
STANDARD
DC-2
Data collection
The agency collects accurate,
uniform data for every reported
incident of sexual abuse using a
standardized instrument and set
of definitions. The agency
aggregates the incident-based
sexual abuse data at least
annually. The incident-based data
collected includes, at a minimum,
the data necessary to answer all
questions from the most recent
version of the BJS Survey on
Sexual Violence. Data are
obtained from multiple sources,
including reports, investigation
files, and sexual abuse incident
reviews. The agency also obtains
incident-based and aggregated
data from every facility with
which it contracts for the
confinement of its inmates.

DOJ REVISED STANDARD
NUMBER
STANDARD
115.87
Data collection
(a) The agency shall collect
accurate, uniform data for every
allegation of sexual abuse at
facilities under its direct control
using a standardized instrument and
set of definitions.
(b) The agency shall aggregate the
incident-based sexual abuse data at
least annually.
(c) The incident-based data
collected shall include, at a
minimum, the data necessary to
answer all questions from the most
recent version of the Survey of
Sexual Violence conducted by the
Department of Justice’s Bureau of
Justice Statistics.
(d) The agency shall collect data
from multiple sources, including
reports, investigation files, and
sexual abuse incident reviews.
(e) The agency also shall obtain
incident-based and aggregated data
from every private facility with
which it contracts for the
confinement of its inmates.
(f) Upon request, the agency shall
provide all such data from the
previous year to the Department of

Analysis
Change

The Department is requiring
reporting of data to them on June
30 each year.

Analysis

65
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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
Justice no later than June 30.

DC-3

Data review for corrective
action
The agency reviews, analyzes,
and uses all sexual abuse data,
including incident-based and
aggregated data, to assess and
improve the effectiveness of its
sexual abuse prevention,
detection, and response policies,
practices, and training. Using
these data, the agency identifies
problem areas, including any
racial dynamics underpinning
patterns of sexual abuse, takes
corrective action on an ongoing
basis, and, at least annually,
prepares a report of its findings
and corrective actions for each
facility as well as the agency as a
whole. The annual report also
includes a comparison of the
current year’s data and corrective
actions with those from prior

115.88

Data review for corrective
action
(a) The agency shall review data
collected and aggregated pursuant to
§ 115.87 in order to assess and
improve the effectiveness of its
sexual abuse prevention, detection,
and response policies, practices, and
training, including:
(1) Identifying problem areas;
(2) Taking corrective action on an
ongoing basis; and
(3) Preparing an annual report of its
findings and corrective actions for
each facility, as well as the agency
as a whole.
(b) Such report shall include a
comparison of the current year’s
data and corrective actions with
those from prior years and shall
provide an assessment of the
agency’s progress in addressing
sexual abuse.

Change

The DOJ standard does not
require agencies to make its
report available to the legislative
body

Analysis

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

years and provides an assessment
of the agency’s progress in
addressing sexual abuse. The
agency’s report is approved by
the agency head, submitted to the
appropriate legislative body, and
made readily available to the
public through its Web site or, if
it does not have one, through
other means. The agency may
redact specific material from the
reports when publication would
present a clear and specific threat
to the safety and security of a
facility, but it must indicate the
nature of the material redacted.

DC-4

Data storage, publication,
and destruction
The agency ensures that the
collected sexual abuse data are
properly stored, securely
retained, and protected. The
agency makes all aggregated
sexual abuse data, from facilities
under its direct control and those
with which it contracts, readily
available to the public at least
annually through its Web site or,
if it does not have one, through

Analysis

STANDARD
(c) The agency’s report shall be
approved by the agency head and
made readily available to the public
through its website or, if it does not
have one, through other means.
(d) The agency may redact specific
material from the reports when
publication would present a clear
and specific threat to the safety and
security of a facility, but must
indicate the nature of the material
redacted.

115.89

Data storage, publication, and
destruction
(a) The agency shall ensure that data
collected pursuant to § 115.87 are
securely retained.
(b) The agency shall make all
aggregated sexual abuse data, from
facilities under its direct control and
private facilities with which it
contracts, readily available to the
public at least annually through its
website or, if it does not have one,
through other means.

This standard is substantively the same.

Analysis

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AU-1

STANDARD

DOJ REVISED STANDARD
NUMBER

STANDARD

other means. Before making
aggregated sexual abuse data
publicly available, the agency
removes all personal identifiers
from the data. The agency
maintains sexual abuse data for at
least 10 years after the date of its
initial collection unless Federal,
State, or local law allows for the
disposal of official information in
less than 10 years.

(c) Before making aggregated
sexual abuse data publicly available,
the agency shall remove all personal
identifiers.
(d) The agency shall maintain
sexual abuse data for at least 10
years after the date of its initial
collection unless Federal, State, or
local law requires otherwise.

Audits
Audits of standards

Audits
Audits of standards

The public agency ensures that
all of its facilities, including
contract facilities, are audited to
measure compliance with the
PREA standards. Audits must be
conducted at least every three
years by independent and
qualified auditors. The public or
contracted agency allows the
auditor to enter and tour

115.93

Analysis

(a) An audit shall be considered
independent if it is conducted by:
(1) A correctional monitoring body
that is not part of the agency but that
is part of, or authorized by, the
relevant State or local government;
(2) An auditing entity that is within
the agency but separate from its
normal chain of command, such as
an inspector general or

Change

The DOJ did not define how often
audits would be conducted
DOJ further defined what an audit
may entail

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facilities, review documents, and
interview staff and inmates, as
deemed appropriate by the
auditor, to conduct
comprehensive audits. The public
agency ensures that the report of
the auditor’s findings and the
public or contracted agency’s
plan for corrective action (DC-3)
are published on the appropriate
agency’s Web site if it has one or
are otherwise made readily
available to the public.

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD
ombudsperson who reports directly
to the agency head or to the
agency’s governing board; or
(3) Other outside individuals with
relevant experience.
(b) No audit may be conducted by
an auditor who has received
financial compensation from the
agency being audited within the
three years prior to the agency’s
retention of the auditor.
(c) The agency shall not employ,
contract with, or otherwise
financially compensate the auditor
for three years subsequent to the
agency’s retention of the auditor,
with the exception of contracting for
subsequent audits.
(d) All auditors shall be certified by
the Department of Justice to conduct
such audits, and shall be re-certified
every three years.
(e) The Department of Justice shall
prescribe methods governing the
conduct of such audits, including
provisions for reasonable
inspections of facilities, review of
documents, and interviews of staff
and inmates. The Department of
Justice also shall prescribe the

DOJ
reasoning
for change

DOJ believes further discussion
of this is necessary.
Frequency is of concern and the
DOJ is proposing three
possibilities: (1) triennial audits
for all covered facilities; (2)
random sampling; or (3)
implement an audit system based
on information indicating concern
at a particular facility

DOJ
question(s)
relating to
this
standard

Q28: “Should audits be
conducted at set intervals, or
should audits be conducted only
for cause, based upon a reason to
believe that a particular facility
or agency is materially out of
compliance with the standards? If
the latter, how should such a forcause determination be
structured?”
Q29: “If audits are conducted for
cause, what entity should be
authorized to determine that there
is reason to believe an audit is
appropriate, and then to call for
an audit to be conducted? What
would be the appropriate

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NUMBER

Analysis

STANDARD
minimum qualifications for auditors.
(f) The agency shall enable the
auditor to enter and tour facilities,
review documents, and interview
staff and inmates to conduct a
comprehensive audit.
(g) The agency shall ensure that the
auditor’s final report is published on
the agency’s website if it has one or
is otherwise made readily available
to the public.

standard to trigger such an audit
requirement?”
Q30: “Should all facilities be
audited or should random
sampling be allowed for some or
all categories of facilities in order
to reduce burdens while ensuring
that all facilities could be subject
to an audit?”
Q31: “Is there a better approach
to audits other than the
approaches discussed above?”
Q32: “To what extent, if any,
should agencies be able to
combine a PREA audit with an
audit performed by an accrediting
body or with other types of
audits?”
Q33: “To what extent, if any,
should the wording of any of the
substantive standards be revised
in order to facilitate a
determination of whether a
jurisdiction is in compliance with
that standard?”

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NUMBER

Analysis

STANDARD
Q34: “How should “full
compliance” be defined in
keeping with the considerations
set forth in the above
discussion?”
Q35: “To what extent, if any,
should audits bear on determining
whether a State is in full
compliance with PREA?”

Analysis

Immigration Facilities:
Supplemental Standards

Change

DOJ has chosen not to adopt these
standards for the following
reasons:
1. Immigration detainees are
sometimes detained in

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NUMBER

Analysis

STANDARD
federal, state or local
facilities
2. The DOJ assumes that
things such as training
and MOUs with
community agencies will
serve immigration
detainees and therefore
supplemental standards
are not needed
3. ICE has standards and
policies addressing sexual
abuse
Analysis

ID-1

Supplement to RP-2:
Agreements with outside
public entities and
community service providers
Any facility that houses
immigration detainees maintains
or attempts to enter into
memoranda of understanding
(MOUs) or other agreements
with one or more local or, if not
available, national organizations
that provide legal advocacy and
confidential emotional support
services for immigrant victims of
crime (RE-3, MM-3). The
agency maintains copies of

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STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD

agreements or documentation
showing attempts to enter into
agreements.

ID-2

Supplement to TR-1, TR-4,
and TR-5: Employee
training and specialized
training of investigators and
medical and mental health
care
Any facility that holds
immigration detainees provides
special additional training to
employees, including medical
and mental health practitioners
and investigators. This additional
training includes the following
topics: cultural sensitivity toward
diverse understandings of
acceptable and unacceptable
sexual behavior, appropriate
terms and concepts to use when
discussing sex and sexual abuse
with a culturally diverse
population, sensitivity and
awareness regarding past trauma
that may have been experienced
by immigration detainees, and
knowledge of all existing

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NUMBER

Analysis

STANDARD

resources for immigration
detainees both inside and outside
the facility that provide treatment
and counseling for trauma and
legal advocacy for victims.

ID-3

Supplement to TR-3: Inmate
education

\

Sexual abuse education (TR-3)
for immigration detainees is
provided at a time and in a
manner that is separate from
information provided about their
immigration cases, in detainees’
own languages and in terms that
are culturally appropriate, and is
conducted by a qualified
individual with experience
communicating about these
issues with a diverse population.

ID-4

Detainee handbook

\

Every detainee is provided with
an ICE Detainee Handbook upon
admission to the facility, and a
replacement is provided
whenever a detainee’s handbook
is lost or damaged. The Detainee

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STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD

Handbook contains notice of the
agency’s zero-tolerance policy
toward sexual abuse and contains
all the agency’s policies related
to sexual abuse, including
information about how to report
an incident of sexual abuse and
the detainees’ rights and
responsibilities related to sexual
abuse. The Detainee Handbook
will inform immigration
detainees how to contact
organizations in the community
that provide sexual abuse
counseling and legal advocacy
for detainee victims of sexual
abuse. The Detainee Handbook
will also inform detainees how to
contact the Office for Civil
Rights and Civil Liberties, the
Office of the Inspector General
(OIG) for the Department of
Homeland Security (DHS), and
diplomatic or consular personnel.

ID-5

Supplement to SC-1:
Screening for risk of
victimization and
abusiveness

\

The facility makes every

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NUMBER

Analysis

STANDARD

reasonable effort to obtain
institutional and criminal records
of immigration detainees in its
custody prior to screening for
risk of victimization and
abusiveness. Screening of
immigration detainees is
conducted by employees who are
culturally competent.

ID-6

Supplement to SC-2: Use of
screening information
Any facility that houses both
inmates and immigration
detainees houses all immigration
detainees separately from other
inmates in the facility and
provides heightened protection
for immigration detainees who
are identified as particularly
vulnerable to sexual abuse by
other detainees through the
screening process (SC-1). To the
extent possible, immigration
detainees have full access to
programs, education, and work
opportunities.

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NUMBER
STANDARD
ID-7
Supplement to RE-1: Inmate
reporting

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD

The agency provides immigration
detainees with access to
telephones with free,
preprogrammed numbers to
ICE’s Office for Civil Rights and
Civil Liberties and the DHS OIG.
In addition, the agency must
provide immigration detainees
with a list of phone numbers for
diplomatic or consular personnel
from their countries of
citizenship and access to
telephones to contact such
personnel.

ID-8

Supplement to RE-3: Inmate
access to outside confidential
support services
All immigration detainees have
access to outside victim
advocates who have experience
working with immigration
detainees or immigrant victims of
crime for emotional support
services related to sexual abuse.
The facility provides such access
by giving immigration detainees
the current mailing addresses and
telephone numbers, including

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STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD

toll-free hotline numbers, of
local, State, and/or national
organizations that provide these
services and enabling reasonable
communication between
immigration detainees and these
organizations. The facility
ensures that communications
with such advocates is private,
confidential, and privileged to the
extent allowable by Federal,
State, and local law. The facility
informs immigration detainees,
prior to giving them access, of
the extent to which such
communications will be private,
confidential, and/or privileged.

ID-9

Protection of detainee
victims and witnesses
ICE never removes from the
country or transfers to another
facility immigration detainees
who report sexual abuse before
the investigation of that abuse is
completed, except at the detainee
victim’s request. ICE considers
releasing detainees who are
victims of or witnesses to abuse
and monitoring them in the
community to protect them from

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NUMBER

Analysis

STANDARD

retaliation or further abuse during
the course of the investigation.

ID-10

Supplement to MM-3:
Ongoing medical and mental
health care for sexual abuse
victims and abusers
All immigration detainees are
counseled about the immigration
consequences of a positive HIV
test at the time they are offered
HIV testing.

ID-11

Supplement to DC-2: Data
collection
The facility collects additional
data whenever an immigration
detainee is the victim or
perpetrator of an incident of
sexual abuse in custody. The
additional incident-based data
collected indicate whether the
victim and/or perpetrator was an
immigration detainee, his or her
status at the initiation of the
investigation, and his or her
status at the conclusion of the
investigation.

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NUMBER
STANDARD
NUMBER
Immigration Family Facilities:
Supplemental Standards
IDFF-1
Screening of immigration
detainees in family facilities
(This standard replaces
rather than supplements SC1 and SC-2)

Analysis

STANDARD

Family facilities develop
screening criteria to identify
those families and family
members who may be at risk of
being sexually victimized that
will not lead to the separation of
families. Housing, program,
educational, and work
assignments are made in a
manner that protects families and
in all cases prioritizes keeping
families together.

IDFF-2

Reporting of sexual abuse in
family facilities
The facility provides parents with
the ability to report sexual abuse
in a manner that is confidential
from their children. The facility
also provides children with the
ability to report abuse by a parent
confidentially to staff.

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NUMBER

IDFF-3

STANDARD

DOJ REVISED STANDARD
NUMBER

Analysis

STANDARD

Investigations in family
facilities
Parents are questioned
confidentially by investigators
about any incident of sexual
abuse, away from their children.
A parent or parents are present
when a child is questioned by
investigators about any incident
of sexual abuse, unless (1) the
child has alleged abuse by the
parent or (2) staff suspects abuse
by the parent. The decision to
exclude a parent from an
interview based on staff
suspicion of abuse by that parent
is always made by a qualified
mental health practitioner.

IDFF-4

Access to medical and
mental health care in family
facilities
All family members are offered
mental health counseling (as
required in MM-2 and MM-3)
when one family member is a
victim of sexual abuse in the
facility. Following an incident of

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STANDARD

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STANDARD

sexual abuse, parents and adult
family members are examined
confidentially by medical and
mental health practitioners and
away from children. Following
an incident of sexual abuse, a
parent or parents are allowed to
be present during all medical and
mental health examinations of a
minor child, unless (1) that child
has alleged sexual abuse by the
parent or (2) staff suspects abuse
by the parent. The decision to
exclude a parent from an
examination based on staff
suspicion of abuse by that parent
is always made by a qualified
mental health practitioner. In the
event that a child is sexually
abused, a qualified mental health
practitioner interviews the child
to determine whether either
parent was present or aware of
the abuse and whether the parent
or parents were threatened in
connection with the abuse.

Other Questions:
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Juveniles in Adult Facilities:
Q36: “Should the final rule include a standard that governs the placement of juveniles in adult facilities?”
Q37: “If so, what should the standard require, and how should it interact with the current JJDPA requirements and penalties mentioned above”

Data Collection and Accuracy of Statistics:
Q38: “Has the Department appropriately determined the baseline level of sexual abuse in correctional settings for purposes of assessing the
benefit and cost of the proposed PREA standards?”
Q39: “Are there any reliable, empirical sources of data, other than the BJS studies referenced in the IRIA, that would be appropriate to use in
determining the baseline level of prison sexual abuse? If so, please cite such sources and explain whether and why they should be used to
supplement or replace the BJS data.”
Q40: “Are there reliable methods for measuring the extent of underreporting and over-reporting in connection with BJS’s inmate surveys?”
Q41: “Are there sources of data that would allow the Department to assess the prevalence of sexual abuse in lockups and community confinement
facilities? If so, please supply such data. In the absence of such data, are there available methodologies for including sexual abuse in such settings
in the overall estimate of baseline prevalence?”

Cost:
Q42: “Has the Department appropriately adjusted the conclusions of studies on the value of rape and sexual abuse generally to account for the
differing circumstances posed by sexual abuse in confinement settings?”
Q43: “Are there any academic studies, data compilations, or established methodologies that can be used to extrapolate from mental health costs
associated with sexual abuse appropriately estimated that the cost of mental health treatment associated with sexual abuse in confinement settings
is twice as large as the corresponding costs in community settings?”

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Q44: “Has the Department correctly identified the quantifiable costs of rape and sexual abuse? Are there other costs of rape and sexual abuse
that are capable of quantification, but are not included in the Department’s analysis?”
Q45: “Should the Department adjust the “willingness to pay” figures on which it relies (developed by Professor Mark Cohen for purposes of
valuing the benefit to society of an community settings to such costs in confinement settings? Has the Department avoided rape10) to account for
the possibility that some people may believe sexual abuse in confinement facilities is a less pressing problem than it is in society as a whole, and
might therefore think that the value of avoiding such an incident in the confinement setting is less than the value of avoiding a similar incident in
the non-confinement setting? Likewise, should the Department adjust these figures to take into account the fact that in the general population the
vast majority of sexual abuse victims are female, whereas in the confinement setting the victims are overwhelmingly male? Are such differences
even relevant for purposes of using the contingent valuation method to monetize the cost of an incident of sexual abuse? If either adjustment were
appropriate, how (or on the basis of what empirical data) would the Department go about determining the amount of the adjustment?”
Q46: “Has the Department appropriately accounted for the increased costs to the victim and to society when the victim is a juvenile? Why or why
not?”
Q47: “Are there available methodologies, or available data from which a methodology can be developed, to assess the unit value of avoiding a
nonconsensual sexual act involving pressure or coercion? If so, please supply them. Is the Department’s estimate of this unit value (i.e., 20% of
the value of a forcible rape) appropriately conservative?”
Q48: “Are there available methodologies, or available data from which a methodology can be developed, to assess the unit value of avoiding an
“abusive sexual contact between inmates,” as defined in the IRIA? If so, please supply them. Is the Department’s estimate of this unit value (i.e.,
$375 for adult inmates and $500 for juveniles) appropriately conservative? Would a higher figure be more appropriate? Why or why not?”
Q49: “Are there any additional nonmonetary benefits of implementing the PREA standards not mentioned in the IRIA?”
Q50: “Are any of the nonmonetary benefits set forth in the IRIA actually capable of quantification? If so, are there available methodologies for
quantifying such benefits or sources of data from which such quantification can be drawn?”
Q51: “Are there available sources of data relating to the compliance costs associated with the proposed standards, other than the sources cited
and relied upon in the IRIA? If so, please provide them.”

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Q52: “Are there available data as to the number of lockups that will be affected by the proposed standards, the number of individuals who are
detained in lockups on an annual basis, and/or the anticipated compliance costs for lockups? If so, please provide them.”
Q53: “Are there available data as to the number of community confinement facilities that will be affected by the proposed standards, the number
of individuals who reside or are detained in such facilities on an annual basis, or the anticipated compliance costs for community confinement
facilities? If so, please provide them.”
Q54: “Has the Department appropriately differentiated the estimated compliance costs with regard to the different types of confinement facilities
(prisons, jails, juvenile facilities, community confinement facilities, and lockups)? If not, why and to what extent should compliance costs be
expected to be higher or lower for one type or another?”
Q55: “Are there additional methodologies for conducting an assessment of the costs of compliance with the proposed standards? If so, please
propose them.”
Q56: “With respect to §§ 115.12, 115.112, 115.212, and 115.312, are there other methods of estimating the extent to which contract renewals and
renegotiations over the 15-year period will lead to costs for agencies that adopt the proposed standards?”
Q57: “Do agencies expect to incur costs associated with proposed §§ 115.13, 115.113, 115.213, and 115.313, notwithstanding the fact that it does
not mandate any particular level of staffing or the use of video monitoring? Why or why not? If so, what are the potential cost implications of this
standard under various alternative scenarios concerning staffing mandates or video monitoring mandates? What decisions do agencies anticipate
making in light of the assessments called for by this standard, and what will it cost to implement those decisions?”
Q58: “With respect to §§ 115.14, 115.114, 115.214, and 115.314, will the limitations on cross-gender viewing (and any associated retrofitting and
construction of privacy panels) impose any costs on agencies? If so, please provide any data from which a cost estimate can be developed for such
measures.”
Q59: “Will the requirement in §§ 115.31, 115.231, and 115.331 that agencies train staff on how to communicate effectively and professionally
with lesbian, gay, bisexual, transgender, or intersex residents lead to additional costs for correctional facilities, over and above the costs of other
training requirements in the standards? If so, please provide any data from which a cost estimate can be developed for such training.”
Q60: “Has the Department accounted for all of the costs associated with §§ 115.52, 115.252, and 115.352, dealing with exhaustion of

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administrative remedies? If not, what additional costs might be incurred, and what data exist from which an estimate of those costs can be
developed?”
Q61: “Is there any basis at this juncture to estimate the compliance costs associated with §§ 115.93, 115.193, 115.293, and 115.393, pertaining to
audits? How much do agencies anticipate compliance with this standard is likely to cost on a per-facility basis, under various assumptions as to
the type and frequency or breadth of audits?”
Q62: “Has the Department used the correct assumptions (in particular the assumption of constant cost) in projecting ongoing costs in the out
years? Should it adjust its projections for the possibility that the cost of compliance may decrease over time as correctional agencies adopt new
innovations that will make their compliance more efficient? If such an adjustment is appropriate, please propose a methodology for doing so and
a source of data from which valid predictions as to “learning” can be derived.”
Q63: “Are there any data showing how the marginal cost of rape reduction is likely to change once various benchmarks of reduction have been
achieved? If not, is it appropriate for the Department to assume, for purposes of its breakeven analysis, that the costs and benefits of reducing
prison rape are linear, at least within the range relevant to the analysis? Why or why not?”
Q64: “Are the expectations as to the effectiveness of the proposed standards that are subsumed within the breakeven analysis (e.g., 0.7%-1.7%
reduction in baseline prevalence needed to justify startup costs and 2.06%-3.13% reduction required for ongoing costs) reasonable? Why or why
not? Are there available data from which reasonable predictions can be made as to the extent to which these proposed standards will be effective
in reducing the prevalence of rape and sexual abuse in prisons? If so, please supply them.”

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Created by the Project on Addressing Prison Rape at the Washington College of Law
4801 Massachusetts Ave, NW; Washington, DC 20016
202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011