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Prison Rape Elimination Act - PREA Constitutional Rights of Inmates Andrew Fulkerson, JD, PhD

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Prison Rape Elimination Act - PREA Constitutional Rights of Inmates Andrew Fulkerson, JD, PhD

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    13. Prison Rape Elimination Act 42 USCS § 15601 (2004) Congressional findings Over 2 million incarcerated 13% been sexually assaulted Inmates with mental illness at greater risk Young first-offenders at higher risk Juveniles at higher risk Staff not adequately trained

    14. Congressional Findings Rape often unreported Victims not provided treatment Rape spreads HIV - AIDS, hepatitis Victims more likely commit future violent crimes Aggravates racial tension Increases level of homicides and violence

    15. Congressional Findings Victims suffer physical and psychological trauma More difficult for victims to reintegrate into society Public and govt officials unaware of problem of prison Exposure to prison rape may be a denial of Constitutional rights

    16. Congressional Findings Prison rape results in higher cost to govt Increased correctional expense Increased public health care costs Increased recidivism Rape has impact on interstate commerce Greater health care costs Spread of disease is interstate Higher crime and recidivism rates nationally

    17. Purpose of PREA Zero tolerance for prison rape Prevention is top priority for prison admin Develop national standards Prevention Detection Reduction punishment Collect data

    18. Purpose of PREA Make prison officials accountable Enforce 8th Amendment rights of inmates State Federal Local Enhance public health

    19. § 15603.  National prison rape statistics, data, and research Study victims and perpetrators Study facilities with high rate of rapes Establish review panel Public hearings Report to Congress Appropriate $15 million a year for research

    20. § 15604.  Prison rape prevention and prosecution Create national clearinghouse for information to federal, state and local govt re prevention and punishment Training and education Appropriate $5 million per year

    21. § 15605.  Grants to protect inmates and safeguard communities Protection of inmates by rape: Prevention Investigation Prosecution

    22. § 15605.  Grants to protect inmates and safeguard communities Protection of communities: Technical assistance regarding alternatives to incarceration Risk assessment regarding released inmates Mapping of released inmates and providing proper law enforcement including probation and treatment resources Reduction of recidivism $40 million per year - 1/2 to protect inmates

    23. § 15606.  National Prison Rape Reduction Commission comprehensive legal and factual study of penalogical, physical, mental, medical, social, and economic impacts of prison rape in the United State

    24. Commission Study review of existing Federal, State, and local government policies and practices with respect to the prevention, detection, and punishment of prison rape;

    25. Commission Study assessment of relationship between prison rape and prison conditions, and of existing monitoring, regulatory, and enforcement practices that are intended to address any such relationship;

    26. Commission Study pathological or social causes of prison rape

    27. Commission Study contribution of rape to STDs and to the transmission of HIV;

    28. Commission Study Assessment of likely victims Assessment of likely perpetrators Consider surveillance / undercover ops Design of facilities Relationship between rape and violence Relationship between rape and staff training

    29. § 15608.  Requirement that accreditation organizations adopt accreditation standards. Accreditation organizations not receive federal grants unless the facilities they accredit have standards

    30. § 15609.  Definitions Rape Carnal knowledge Inmate Jail Prison

    31. PREA Origin Alleged that prison officials tolerated rape Had divisive effect on inmates Operated as form of punishment

    32. PREA Congress unanimously passed 2003 Perception that no one cares about prisoners Human rights groups raised awareness Law recognizes rape is rape regardless of gender

    33. PREA Does not expand prisoners’ rights Supreme Court already held permitting prison rape may be deliberate indifference and violate 8th Amendment Law makes prison admin accountable Studies showed rate of rape from 1-22%

    34. PREA Prison officials cannot let inmates fend for themselves Must provide training for staff Must provide program to reduce rape

    35. PREA Establishes: Research program to collect data on rape Panel to conduct hearings on rape Clearinghouse and grant program to assist prisons and staff Commission to draft standards

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