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Understanding the Impact of the Prison Rape Elimination Act on Community Corrections

Professor Brenda V. Smith discusses the implications of the Prison Rape Elimination Act (PREA) for community corrections, including residential facilities, work release programs, halfway houses, and treatment programs. This presentation emphasizes data collection and reporting efforts by the Bureau of Justice Statistics, and stresses the legal and administrative responsibilities of community correctional agencies before PREA's enactment. While PREA establishes national standards for inmate safety, it is crucial for agencies to independently manage their operations and address pre-existing issues related to inmate abuse.

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Understanding the Impact of the Prison Rape Elimination Act on Community Corrections

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Presentation Transcript

  1. The Prison Rape Elimination ActImplications for Community Corrections Northeast Council on Crime and Delinquency October 4, 2005 Professor Brenda V. Smith

  2. How PREA Applies to Community Corrections • Residential facilities • Work release • Halfway houses • Treatment programs • Data Collection • BJS data collection efforts • Reporting • Intent of proponents

  3. Remember • Prior to the enactment of PREA CC agencies were liable for abuse of inmates under their authority • Administratively • Legally • Smith v. Cochran • Sepulveda v. Ramirez

  4. Remember • PREA is a floor or springboard • Creates important visibility for issues • Creates national standards • Will not cover every possible situation • Will have to take charge for running of own agency –PREA won’t do it • Responsibilities preexisted enactment of PREA • Creates opportunities to do things and look at issues that should have been examined before

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