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Project on Addressing Prison Rape Prea Standards Comparison Juvenile Justice Facilities 2011

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PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER
PP-1

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

DOJ REVISED STANDARD
NUMBER
115.311

STANDARD
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,
detecting, and responding to such
conduct.
(b) An agency shall employ or
designate an upper-level agency-wide
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 residents, but
may be designated as a part-time

COMMENT/ EVALUATION
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.
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 juveniles or
more. Other facilities may have
coordinators that are part time.

1
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
position in agencies whose total rated
capacity does not exceed 1000
residents.
(d) An agency whose facilities have a
total rated capacity exceeding 1000
residents shall also designate a PREA
coordinator for each facility, who
may be full-time or 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
would become a political
position. By making it upperlevel 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.

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
Analysis

PP-2

Contracting with facilities for
the confinement of residents
If public juvenile justice agencies
contract for the confinement of
their residents, 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
agency will monitor the entity’s
compliance with these standards
as part of its general monitoring of
the entity’s performance.

115.312

Contracting with other entities
for the confinement of residents
(a) A public agency that contracts for
the confinement of its residents 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.

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

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
obligations.

PP-3

Resident supervision
Direct care staff provides the
resident supervision necessary to
protect residents from sexual
abuse. The facility administrators
and supervisors responsible for
reviewing critical incidents must
examine areas in the facility
where sexual abuse has occurred
to assess whether there are any
physical barriers that may have
enabled the abuse, the adequacy of

115.313

Supervision and Monitoring
(a) For each facility, the agency shall
determine the adequate levels of
staffing, and, where applicable, video
monitoring, to protect residents
against sexual abuse. In calculating
such levels, agencies shall take into
consideration the physical layout of
each facility, the composition of the
resident population, and any other
relevant factors.
(b) The facility shall also establish a

DOJ
question(s)
relating to
this
standard
Analysis

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

Change

The new DOJ standard
combines NPREC standards PP3 and PP-7
DOJ provides some additional
information about how an
agency can go about assessing
“staffing”
The DOJ standards specifically
calls for each facility to have a
policy for unannounced rounds
by upper-level management.

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD
staffing levels during different
shifts, and the need for monitoring
technology to supplement direct
care staff supervision (DC-1).
When problems or needs are
identified, facility administrators
and supervisors take corrective
action (DC-3).

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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
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 secure facility 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
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 facility-specific.
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 measures compliance by
ensuring each facility has a plan
in place for adequate staffing to
keep residents safe from sexual
abuse.

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
DOJ
question(s)
relating to
this
standard

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
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?”

6
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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 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

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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
proposed standard?”
Analysis

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER
STANDARD
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
from viewing residents 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
STANDARD
115.314
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.
(c) The facility shall implement
policies and procedures that enable
residents 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 resident to determine the
resident’s genital status unless the
resident’s genital status is unknown.
Such examination shall be conducted
in private by a medical practitioner.
(e) The agency shall not conduct
cross-gender pat-down searches
except in the case of emergency or
other unforeseen circumstances. Any
such search shall be documented and

COMMENT/ EVALUATION
Change

The DOJ standard removes the
restriction that only medical
professionals perform crossgender searches of transgender
individuals
The DOJ standard adds that
there is training required for
staff that perform cross-gender
searches of transgender
individuals.

Analysis

9
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
justified.
(f) The agency shall train security
staff in how to conduct cross-gender
pat-down searches, and searches of
transgender residents, in a
professional and respectful manner,
and in the least intrusive manner
possible, consistent with security
needs.

PP-5

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

115.315

Accommodating residents with
special needs
(a) The agency shall ensure that
residents 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 resident
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 residents who have
limited reading skills or who are
visually impaired.

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

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 Juvenile Justice Facilities

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 convictions for domestic
violence, stalking, child abuse and
sex offenses. The agency also asks

DOJ REVISED STANDARD
NUMBER
STANDARD
115.316
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.
(c) The agency shall either conduct
criminal background checks of
current employees at least every five

COMMENT/ EVALUATION
Change

The DOJ standards defined that
background checks be done
every 5 years.
The DOJ standard adds the
following section:
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.

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.

11
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

all applicants and employees
directly about previous
misconduct during interviews and
reviews.

PP-7

Assessment and use of
monitoring technology
The agency uses video monitoring

years or have in place a system for
otherwise capturing such information
for current employees.
(d) The agency shall also 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.

115.317

COMMENT/ EVALUATION

STANDARD
Analysis

Upgrades to facilities technology Change
(a) When designing or acquiring any
new facility and in planning any
substantial expansion or modification

The DOJ standard is actually
new.

12
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD
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.

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
of existing facilities, the agency shall
consider the effect of the design,
acquisition, expansion, or
modification upon the agency’s
ability to protect residents 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 residents from sexual abuse.

DOJ
reasoning
for change

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

Analysis

13
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER
RP-1

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

DOJ REVISED STANDARD
NUMBER
115.321

STANDARD
Responsive Planning
Evidence protocol and forensic
medical exams
(a) To the extent the agency is
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

COMMENT/ EVALUATION
Change

This standard is substantively
the same. However, the DOJ
standard stipulates that a
qualified staff member may
accompany a victim in place of
a community advocate

14
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD
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
resident-on-resident sexually
abusive penetration or staff-onresident sexually abusive
penetration are provided access to
forensic medical exams performed
by qualified forensic medical
examiners who are trained in the
unique psychological and
emotional conditions of younger

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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
residents who experience sexual
abuse access to forensic medical
exams performed by qualified
medical practitioners, whether onsite
or at an outside facility, without
financial cost, where evidentiarily or
medically appropriate.

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

15
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February 2011

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD
victims of sexual abuse. 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 medical exam
process.

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
(d) The agency shall make available
to the victim a qualified staff member
or a victim advocate from a
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.

DOJ
question(s)
relating to
this
standard

16
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

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

Analysis

17
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February 2011

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD

DOJ REVISED STANDARD

NUMBER
STANDARD
RP-2
Agreements with outside
public entities and
community service providers

NUMBER
STANDARD
115.322
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 public
entity or office that is able to
receive and immediately forward
resident 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
residents with 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.

COMMENT/ EVALUATION
Change

(a) The agency shall maintain or
attempt to enter into memoranda of
understanding or other agreements
with an outside public entity or office
that is able to receive and
immediately forward resident reports
DOJ
of sexual abuse and sexual
reasoning
harassment to agency officials
for change
pursuant to § 115.351, unless the
agency enables residents 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 residents with
emotional support services related to

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)
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)

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

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

115.323

COMMENT/ EVALUATION

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

sexual abuse, including helping
resident sexual abuse victims during
community re-entry, unless the
agency is legally required to provide
such services to all residents.
(c) The agency shall maintain copies
of agreements or documentation
showing attempts to enter into
agreements.

DOJ
question(s)
relating to
this
standard

Policies to ensure investigation
of allegations

Change

This is a new DOJ standard.

DOJ
reasoning
for change

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

(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

Analysis

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

investigations, such website
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
juvenile facilities 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
juvenile facilities shall have in place
a policy governing the conduct of
such investigations.

RP-3

COMMENT/ EVALUATION

STANDARD

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 residents,

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

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD

the agency 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. The agency also
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 children
within confinement facilities.
When the agency already has an
existing agreement or longstanding policy covering
responsibilities for all criminal
investigations, including sexual
abuse investigations and child
abuse investigations conducted by
a designated State or local
services agency, it does not need
to enter into new agreements. The
agency maintains copies of its
agreements or documentation
showing attempts to enter into
agreements.

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
115.323 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

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER
STANDARD
RP-4
Agreements with the
prosecuting authority

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD

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 did not choose to adopt this standard.
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

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER
STANDARD
Training and Education
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 under relevant
Federal, State, and local law. The
agency trains all employees to
communicate effectively and
professionally with all residents.
Additionally, the agency trains all
employees on a resident’s right to
be free from sexual abuse, the
right of residents 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
STANDARD
Training and Education
115.331
Employee training

COMMENT/ EVALUATION

NUMBER

(a) The agency shall train all
employees who may have contact
with residents 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) Residents’ right to be free from
sexual abuse and sexual harassment;
(4) The right of residents and
employees to be free from retaliation
for reporting sexual abuse;
(5) The dynamics of sexual abuse in
juvenile facilities;
(6) The common reactions of juvenile
victims of sexual abuse;
(7) How to detect and respond to
signs of threatened and actual sexual
abuse;
(8) How to avoid inappropriate
relationships with residents;
(9) How to communicate effectively
and professionally with residents,
including lesbian, gay, bisexual,
transgender, or intersex residents;

Change

The DOJ standard allows for
electronic verification of
training.

Analysis

23
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

and
(10) Relevant laws related to
mandatory reporting.
(b) Such training shall be tailored to
the unique needs and attributes of
residents of juvenile facilities.
(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

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

COMMENT/ EVALUATION

STANDARD

115.332

Volunteer and contractor
training

This standard is substantively the same.

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

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 Juvenile Justice Facilities

NPREC STANDARD
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 residents, but all volunteers
and contractors who have contact
with residents 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

COMMENT/ EVALUATION

STANDARD
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 residents, but
all volunteers and contractors who
have contact with residents shall be
notified of the agency’s zerotolerance 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

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

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER
STANDARD
TR-3
Resident education
During the intake process, staff
informs residents of the agency’s
zero-tolerance policy regarding
sexual abuse and how to report
incidents or suspicions of sexual
abuse in an age-appropriate
fashion. Within a reasonably brief
period of time following the
intake process, the agency
provides comprehensive, ageappropriate education to residents
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 residents are educated as

DOJ REVISED STANDARD
NUMBER
STANDARD
115.333
Resident education
(a) During the intake process, staff
shall inform residents in an ageappropriate fashion 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
age-appropriate education to
residents 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 residents who have not
received such education shall be

COMMENT/ EVALUATION
Change

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

DOJ
reasoning
for change

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

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD
soon as possible following the
agency’s adoption of the PREA
standards, and the agency
provides periodic refresher
information to all residents to
ensure that they know the
agency’s most current sexual
abuse policies and procedures.
The agency provides resident
education in formats accessible to
all residents, 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 resident
participation in these education
sessions.

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
educated within one year of the
effective date of the PREA standards,
and the agency shall provide
refresher information to all residents
at least annually and whenever a
resident 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 resident
education in formats accessible to all
residents, including those who are
limited English proficient, deaf,
visually impaired, or otherwise
disabled, as well as to residents who
have limited reading skills.
(e) The agency shall maintain
documentation of resident
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
residents through posters, resident
handbooks, or other written formats.

Analysis

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

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER
STANDARD
TR-4
Specialized training:
Investigations
In addition to the general training
provided to all employees (TR-1),
the agency ensures that agency
investigators conducting sexual
abuse investigations have received
comprehensive and up-to-date
training in conducting such
investigations in confinement
settings. Specialized training must
include techniques for
interviewing young 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
115.334
Specialized training:
Investigations
(a) In addition to the general training
provided to all employees pursuant to
§ 115.331, the agency shall ensure
that, to the extent the agency itself
conducts sexual abuse investigations,
its investigators have received
training in conducting such
investigations in confinement
settings.
(b) Specialized training shall include
techniques for interviewing juvenile
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 juvenile confinement
settings shall provide such training to

COMMENT/ EVALUATION
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.

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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
young 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 specialized training.

115.335

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 juvenile 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.

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

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

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.

Assessment and Placement of Residents
AP-1
Obtaining information about
residents
During intake and periodically
throughout a resident’s
confinement, employees obtain
and use information about each
resident’s personal history and
behavior to keep all residents safe
and free from sexual abuse. At a
minimum, employees attempt to
ascertain information about prior
sexual victimization or
abusiveness; sexual orientation

Assessment and Placement of Residents
115.341
Obtaining information about
residents

This standard is substantively the same.

(a) During the intake process and
periodically throughout a resident’s
confinement, the agency shall obtain
and use information about each
resident’s personal history and
behavior to reduce the risk of sexual
abuse by or upon a resident.
(b) Such assessment shall be
conducted using an objective
screening instrument, blank copies of
which shall be made available to the

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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD
and gender identity; current
charges and offense history; age;
level of emotional and cognitive
development; physical
size/stature; mental illness or
mental disabilities;
intellectual/developmental
disabilities; physical disabilities;
and any other specific information
about individual residents that
may indicate heightened needs for
supervision, additional safety
precautions, or separation from
certain other residents. This
information may be ascertained
through conversations with
residents at intake and medical
and mental health screenings;
during classification assessments;
and by reviewing court records,
case files, facility behavioral
records, and other relevant
documentation from the residents’
files. Medical and mental health
practitioners are the only staff
permitted to talk with residents to
gather information about their
sexual orientation or gender
identity, prior sexual
victimization, history of engaging

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
public upon request.
(c) At a minimum, the agency shall
attempt to ascertain information
about:
(1) Prior sexual victimization or
abusiveness;
(2) Sexual orientation, transgender,
or intersex status;
(3) Current charges and offense
history;
(4) Age;
(5) Level of emotional and cognitive
development;
(6) Physical size and stature;
(7) Mental illness or mental
disabilities;
(8) Intellectual or developmental
disabilities;
(9) Physical disabilities;
(10) The resident’s own perception of
vulnerability; and
(11) Any other specific information
about individual residents that may
indicate heightened needs for
supervision, additional safety
precautions, or separation from
certain other residents.
(d) This information shall be
ascertained through conversations
with residents during the intake

Analysis

31
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

process and medical and mental
health screenings; during
classification assessments; and by
reviewing court records, case files,
facility behavioral records, and other
relevant documentation from the
residents’ files.
(e) 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 resident’s detriment by staff or
other residents.

in sexual abuse, mental health
status, and mental or physical
disabilities. If the facility does not
have medical or mental health
practitioners available, residents
are given an opportunity to
discuss any safety concerns or
sensitive issues privately with
another employee.

AP-2

Placement of Residents in
housing, bed, program,
education and work
assignments
Employees use all information
obtained about the resident at
intake and subsequently to make
placement decisions for each
resident on an individualized basis
with the goal of keeping all residents safe and free from sexual
abuse. When determining housing,
bed, program, education and work

COMMENT/ EVALUATION

STANDARD

115.342

Placement of Residents in
housing, bed, program,
education and work
assignments
(a) The agency shall use all
information obtained about the
resident during the intake process and
subsequently to make placement
decisions for each resident based
upon the objective screening
instrument with the goal of keeping
all residents safe and free from sexual
abuse.

Change

The DOJ standards specified the
following:
Lesbian, gay, bisexual, transgender,
or intersex residents shall not be
placed in particular housing, bed,
or other assignments solely on the
basis of such identification or
status.
The agency shall make an
individualized determination about
whether a transgender resident
should be housed with males or
with females.

32
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD
assignments for residents,
employees must take into account
a resident’s age; the nature of his
or her offense; any mental or
physical disability or mental
illness; any history of sexual
victimization or engaging in
sexual abuse; his or her level of
emotional and cognitive
development; his or her
identification as lesbian, gay,
bisexual, or transgender; and any
other information obtained about
the resident (AP-1). Residents
may be isolated from others only
as a last resort when less
restrictive measures are
inadequate to keep them and other
residents safe, and then only until
an alternative means of keeping
all residents safe can be arranged.

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
(b) When determining housing, bed,
program, education and work
assignments for residents, the agency
must take into account:
(1) A resident’s age;
(2) The nature of his or her offense;
(3) Any mental or physical disability
or mental illness;
(4) Any history of sexual
victimization or engaging in sexual
abuse;
(5) His or her level of emotional and
cognitive development;
(6) His or her identification as
lesbian, gay, bisexual, transgender, or
intersex; and
(7) Any other information obtained
about the resident pursuant to §
115.341.
(c) Residents may be isolated from
others only as a last resort when less
restrictive measures are inadequate to
keep them and other residents safe,
and then only until an alternative
means of keeping all residents safe
can be arranged.
(d) Lesbian, gay, bisexual,
transgender, or intersex residents
shall not be placed in particular
housing, bed, or other assignments

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?”

Analysis

33
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
solely on the basis of such
identification or status.
(e) The agency shall make an
individualized determination about
whether a transgender resident should
be housed with males or with
females.

RE-1

Reporting
Resident reporting
The facility provides multiple
internal ways for residents to
report easily, privately, and
securely sexual abuse, retaliation
by other residents or staff for
reporting sexual abuse, and staff
neglect or violation of
responsibilities that may have
contributed to an incident of
sexual abuse. The facility also
provides at least one way for
residents 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

115.351

Reporting
Resident reporting
(a) The agency shall provide multiple
internal ways for residents to
privately report sexual abuse and
sexual harassment, retaliation by
other residents or staff for reporting
sexual abuse and sexual harassment,
and staff neglect or violation of
responsibilities that may have
contributed to an incident of sexual
abuse.
(b) Pursuant to § 115.322, the agency
shall also make its best efforts to
provide at least one way for residents
to report abuse or harassment to an
outside governmental entity that is
not affiliated with the agency or that

This standard is substantively the same.

DOJ
question(s)
relating to
this
standard

Q23: “Should the final rule
mandate that agencies provide
residents 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?”

34
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 Juvenile Justice Facilities

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

(RP-3). Staff accepts reports made
verbally, in writing, anonymously,
and from third parties and
immediately puts into writing any
verbal reports.

RE-2

Exhaustion of administrative
remedies
Under agency policy, a resident
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

115.352

COMMENT/ EVALUATION

STANDARD
is operationally independent from
agency leadership, such as an
inspector general or ombudsperson,
and that is able to receive and
immediately forward resident 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 facility shall provide
residents with access to tools
necessary to make a written report.
(e) The agency shall provide a
method for staff to privately report
sexual abuse and sexual harassment
of residents.

Analysis

Exhaustion of administrative
remedies

Change

(a)(1) The agency shall provide a
resident a minimum of 20 days
following the occurrence of an
alleged incident of sexual abuse to
file a grievance regarding such
incident.
(2) The agency shall grant an

DOJ
reasoning
for change

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
resident’s appropriate access to
the legal process.

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

STANDARD
whether the report was made by
the resident, 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. A resident
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.

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
extension of no less than 90 days
from the deadline for filing such a
grievance when the resident 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 resident having
been held for periods of time outside
of the facility, or other circumstances
indicating impracticality. Such an
extension shall be afforded
retroactively to a resident whose
grievance is filed subsequent to the
normal filing deadline.
(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 residents 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

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.
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

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

PREA Standards Comparison
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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
response is insufficient to make an
appropriate decision.
(4) The agency shall notify the
resident in writing of any such
extension and provide a date by
which a decision will be made.
(c)(1)Whenever an agency is notified
of an allegation that a resident has
been sexually abused, other than by
notification from another resident, it
shall consider such notification as a
grievance or request for informal
resolution submitted on behalf of the
alleged resident victim for purposes
of initiating the agency
administrative remedy process.
(2) The agency shall inform the
alleged victim that a grievance or
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

37
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 Juvenile Justice Facilities

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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 a
resident 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.
(3) The agency may opt not to take
such actions if it determines that no
emergency exists, in which case it
may either:
(i) Process the grievance as a normal
grievance; or
(ii) Return the grievance to the
resident, and require the resident to
follow the agency’s normal grievance
procedures.
(4) The agency shall provide a
written explanation of why the

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

COMMENT/ EVALUATION

STANDARD
grievance does not qualify as an
emergency.
(5) An agency may discipline a
resident for intentionally filing an
emergency grievance where no
emergency exists.

RE-3

Resident access to outside
confidential support services
and legal representation
In addition to providing on-site
mental health care services, the
facility provides residents with
access to outside victim advocates
for emotional support services
related to sexual abuse. The
facility provides such access by
giving residents 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 residents

115.353

Resident access to outside
confidential support services
and legal representation
(a) In addition to providing onsite
mental health care services, the
facility shall provide residents with
access to outside victim advocates for
emotional support services related to
sexual abuse, by providing, posting,
or otherwise making accessible
mailing addresses and telephone
numbers, including toll-free hotline
numbers where available, of local,
State, or national victim advocacy or
rape crisis organizations, and by
enabling reasonable communication
between residents and these
organizations, as confidential as

Change

The DOJ standard allows for
monitoring of resident’s access
to outside resources.

DOJ
reasoning
for change

Commenters were concerned
about the resident’s 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.

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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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

and these organizations. The
facility ensures that
communications with such
advocates are private, to the extent
allowable by Federal, State, and
local law. The facility informs
residents, prior to giving them
access, of the extent to which such
communications will be private,
confidential, and/or privileged.
The facility also provides
residents with unimpeded access
to their attorney or other legal
representation and their families.

RE-4

Third-party reporting
The facility receives and
investigates all third-party reports
of sexual abuse and refers all
third-party reports of abuse to the
designated State or local services
agency with the authority to
conduct investigations into
allegations of sexual abuse
involving child victims (IN-1 and
RP-4). At the conclusion of the
investigation, the facility notifies
in writing the third-party
individual who reported the abuse
and the resident named in the

115.354

COMMENT/ EVALUATION

STANDARD
possible, consistent with agency
security needs and with applicable
law.
(b) The facility shall inform
residents, prior to giving them access,
of the extent to which such
communications will be monitored.
(c) The facility shall also provide
residents with reasonable and
confidential access to their attorney
or other legal representation and
reasonable access to parents or legal
guardians.

Analysis

Third-party reporting

Change

The facility shall establish a method
to receive third-party reports of
sexual abuse. The facility shall
distribute publicly, including to
residents’ attorneys and parents or
legal guardians, information on how
to report sexual abuse on behalf of a
resident.

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

Analysis

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

PREA Standards Comparison
Standards for Juvenile Justice Facilities

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD

third-party report of the outcome
of the investigation. The facility
distributes information on how to
report sexual abuse on behalf of a
resident to residents’ parents or
legal guardians, attorneys, and the
public.

OR-1

Official Response
Staff and facility head
reporting duties
All staff members are required to
report immediately and according
to agency policy and relevant
State or local mandatory child
abuse reporting laws any
knowledge, suspicion, or
information they receive regarding
an incident of sexual abuse that
occurred in an institutional setting;
retaliation against residents or
staff who reported abuse; and any
staff neglect or violation of
responsibilities that may have

Official Response Following an Inmate Report
115.361
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 they
receive regarding an incident of
sexual abuse that occurred in an
institutional setting; retaliation
against residents or staff who
reported abuse; and any staff neglect
or violation of responsibilities that
may have contributed to an incident
of sexual abuse or retaliation.
(b) The agency shall also require all

Change

The DOJ standard adds that
reports to juvenile courts must
be made within 14 days.
The DOJ standard adds that the
facility is required to report
abuse to the facility’s
investigators

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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NUMBER

STANDARD
contributed to an incident of
sexual abuse or retaliation. Apart
from reporting to designated
supervisors or officials and
designated State or local services
agencies, 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. Medical and mental
health practitioners are required to
report sexual abuse to designated
supervisors and officials as well as
the designated State or local
services agency and must inform
residents of their duty to report at
the initiation of services. Upon
receiving any allegation of sexual
abuse, the facility head must
immediately report the allegation
to the agency head, the juvenile
court that handled the victim’s
case or the victim’s judge of
record, and the victim’s parents or
legal guardians, unless the facility
has official documentation
showing the parents or legal

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
staff to comply with any applicable
mandatory child abuse reporting
laws.
(c) Apart from reporting to
designated supervisors or officials
and designated State or local services
agencies, staff shall be prohibited
from revealing 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.
(d)(1) Medical and mental health
practitioners shall be required to
report sexual abuse to designated
supervisors and officials pursuant to
paragraph (a) of this section, as well
as to the designated State or local
services agency where required by
mandatory reporting laws.
(2) Such practitioners shall be
required to inform residents at the
initiation of services of their duty to
report.
(e)(1) Upon receiving any allegation
of sexual abuse, the facility head or
his or her designee shall promptly
report the allegation to the

Analysis

42
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
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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

appropriate central office of the
agency and the victim’s parents or
legal guardians, unless the facility
has official documentation showing
the parents or legal guardians should
not be notified.
(2) If the victim is under the
guardianship of the child welfare
system, the report shall be made to
the victim’s caseworker instead of
the victim’s parents or legal
guardians.
(3) If a juvenile court retains
jurisdiction over a juvenile, the
facility head or designee shall also
report the allegation to such court
within 14 days of receiving the
allegation, unless additional time is
needed to comply with applicable
rules governing ex parte
communications.
(f) The facility shall report all
allegations of sexual abuse, including
third-party and anonymous reports, to
the facility’s designated investigators.

guardians should not be notified.
If the victim is involved in the
child welfare system, the facility
head reports to the victim’s
caseworker instead of the victim’s
parents or legal guardians.

OR-2

Reporting to other
confinement facilities
When the facility receives an

COMMENT/ EVALUATION

STANDARD

115.362

Reporting to other confinement
facilities

Change

The DOJ standard defines the
timeframe for reporting.

(a) Within 14 days of receiving an

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

PREA Standards Comparison
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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

allegation that a resident 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.

OR-3

Staff first responder duties
Upon learning that a resident was
sexually abused within a time
period that still allows for the collection of physical evidence, the
first direct care 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,

115.363

COMMENT/ EVALUATION

STANDARD
allegation that a resident 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 and shall also notify
the appropriate investigative agency.
(b) The facility head or central office
that receives such notification shall
ensure that the allegation is
investigated in accordance with these
standards.

Analysis

Staff first responder duties

This standard is substantively the same.

Upon learning that a resident was
sexually abused within a time period
that still allows for the collection of
physical evidence, the first staff
member to respond to the report shall
be required to:
(a) Separate the alleged victim and
abuser;
(b) Seal and preserve any crime
scene; and
(c) Request the victim not to take any
actions that could destroy physical
evidence, including washing,
brushing teeth, changing clothes,

Analysis

44
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
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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

urinating, defecating, smoking,
drinking, or eating.

smoking, drinking, or eating. If
the first staff responder is a non–
direct care staff member, he or she
is required to instruct the victim
not to take any actions that could
destroy physical evidence and
then notify direct care staff.

OR-4

Coordinated response
All actions taken in response to an
incident of sexual abuse are
coordinated among staff first responders, medical and mental
health practitioners, investigators,
victim advocates, 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.

COMMENT/ EVALUATION

STANDARD

115.364

Coordinated response
The facility shall coordinate actions
taken in response to an incident of
sexual abuse among staff first
responders, medical and mental
health practitioners, investigators,
and facility leadership.

This standard is substantively the same.

DOJ
question(s)
relating to
this
standard

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

Analysis

45
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER
STANDARD
OR-5
Agency protection against
retaliation
The agency protects all residents
and staff who report sexual abuse
or cooperate with sexual abuse
investigations from retaliation by
other residents or staff. The
agency employs multiple
protection measures, including
housing changes or transfers for
resident victims or abusers,
removal of alleged staff or
resident abusers from contact with
victims, and emotional support
services for residents or staff who
fear retaliation for reporting
sexual abuse or cooperating with
investigations. The agency
monitors the conduct and/or
treatment of residents or staff who
have reported sexual abuse or
cooperated with investigations,
including any resident 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

DOJ REVISED STANDARD
NUMBER
STANDARD
115.365
Agency protection against
retaliation
(a) The agency shall protect all
residents and staff who report sexual
abuse or sexual harassment or
cooperate with sexual abuse or sexual
harassment investigations from
retaliation by other residents or staff.
(b) The agency shall employ multiple
protection measures, including
housing changes or transfers for
resident victims or abusers, removal
of alleged staff or resident abusers
from contact with victims, and
emotional support services for
residents or staff who fear retaliation
for reporting sexual abuse or sexual
harassment or for cooperating with
investigations.
(c) The agency shall monitor the
conduct or treatment of residents or
staff who have reported sexual abuse
or cooperated with investigations,
including any resident 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

COMMENT/ EVALUATION
Change

The DOJ standard adds the
following language:
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.

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?”

46
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 Juvenile Justice Facilities

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

retaliation by residents or staff.
The agency discusses any changes
with the appropriate resident or
staff member as part of its efforts
to determine if retaliation is taking
place and, when confirmed,
immediately takes steps to protect
the resident or staff member.

115.366

COMMENT/ EVALUATION

STANDARD
possible retaliation by residents 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
alleged staff abusers from contact
with residents pending an
investigation.

Analysis

Post allegation protective
custody

Change

This is a new DOJ standard.

DOJ
reasoning
for change

DOJ saw a need to clarify the
use of protective custody

Any use of segregated housing to
protect a resident who is alleged to
have suffered sexual abuse shall be
subject to the requirements of §
115.342.

Analysis

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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NPREC STANDARD
NUMBER

IN-1

STANDARD
Investigations
Duty to investigate

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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 investigation
outcomes and any disciplinary or
criminal sanctions, regardless of
the source of the allegation. If
additional parties were notified of
the allegation (OR-1), the facility
notifies those parties in writing of
investigation outcomes. All
investigations are carried through
to completion, regardless of
whether the alleged abuser or
victim remains at the facility and
regardless of whether the source
of the allegation recants his or her
allegation.

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

Analysis

48
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
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NPREC STANDARD
NUMBER
STANDARD
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
involving young victims (TR-4).
When outside agencies investigate
sexual abuse, the facility has a
duty to keep abreast of the
investigation and cooperate with
outside investigators (RP-4).
Investigations include the
following elements:
• Investigations are initiated and
completed within the time frames
established by the highest- ranking
facility official, and the highestranking 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

DOJ REVISED STANDARD
NUMBER
STANDARD
115.371
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 involving juvenile
victims pursuant to § 115.334, 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
witnesses; and shall review prior
complaints and reports of sexual
abuse involving the suspected
perpetrator.
(c) The agency shall not terminate an
investigation solely because the
source of the allegation recants the
allegation.
(d) When the quality of evidence

COMMENT/ EVALUATION
Change

DOJ added the following to the
standard:
(h) Substantiated allegations of
conduct that appears to be
criminal shall be referred for
prosecution.
(i) The agency shall retain such
investigative records for as long
as the alleged abuser is
incarcerated or employed by the
agency, plus five years.
(j) 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.
(k) Any State entity or
Department of Justice
component that conducts such
investigations shall do so
pursuant to the above
requirements.
(l) When outside agencies
investigate sexual abuse, the
facility shall cooperate with
outside investigators and shall
endeavor to remain informed
about the progress of the

49
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

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NUMBER

STANDARD
abuse involving the suspected
perpetrator; and potentially
corroborating physical or other
evidence.
• 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
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 resident 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.

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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.
(e) 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 resident or staff.
(f) Administrative investigations:
(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.
(g) 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.

investigation.

Analysis

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NPREC STANDARD
NUMBER

STANDARD
• 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
prosecution.

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
(h) Substantiated allegations of
conduct that appears to be criminal
shall be referred for prosecution.
(i) The agency shall retain such
investigative records for as long as
the alleged abuser is incarcerated or
employed by the agency, plus five
years.
(j) 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.
(k) Any State entity or Department of
Justice component that conducts such
investigations shall do so pursuant to
the above requirements.
(l) 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.

51
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February 2011

PREA Standards Comparison
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NPREC STANDARD
NUMBER
STANDARD
IN-3
Evidence standard for
administrative investigations

DOJ REVISED STANDARD
NUMBER
STANDARD
115.372
Evidentiary standard for
administrative investigations

Allegations of sexual abuse are
substantiated if supported by a
preponderance of the evidence.

COMMENT/ EVALUATION
This standard is substantively the same.

The agency shall impose no standard
higher than a preponderance of the
evidence in determining whether
allegations of sexual abuse are
substantiated. § 115.373 Reporting to
residents.
Analysis

115.373

Reporting to residents

Change

This is a new DOJ standard.

(a) Following an investigation into a
resident’s allegation of sexual abuse
suffered in an agency facility, the
agency shall inform the resident as to
whether the allegation has been
determined to be substantiated,

52
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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 resident.
(c) Following a resident’s allegation
that a staff member has committed
sexual abuse, the agency shall
subsequently inform the resident
whenever:
(1) The staff member is no longer
posted within the resident’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 within
the facility.
This requirement shall not apply to
allegations that have been determined
to be unfounded.

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

53
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February 2011

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER
DI-1

STANDARD
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.

DOJ REVISED STANDARD
NUMBER
115.376

STANDARD
Discipline
Disciplinary sanctions for staff
(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
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
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.

COMMENT/ EVALUATION
Change

The DOJ standard limits the
NPREC standard by not
requiring a report to law
enforcement if the conduct was
clearly not criminal
The DOJ standard also defines
that “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.”

Analysis

54
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER
STANDARD
DI-2
Disciplinary sanctions for
residents who engage in
sexual abuse
Residents receive appropriate
interventions if they engage in
resident-on-resident sexual abuse.
Decisions regarding which types
of interventions to use in
particular cases, including
treatment, counseling, educational
programs, or disciplinary
sanctions, are made with the goal
of promoting improved behavior
by the resident and ensuring the
safety of other residents and staff.
When imposing disciplinary
sanctions in lieu of or in addition
to other interventions, the facility
informs residents of their rights
and responsibilities during the
disciplinary process, including
how to appeal sanctions, and only
imposes sanctions commensurate
with the type of violation
committed and the resident’s
disciplinary history. Intervention
decisions must take into account
the social, sexual, emotional, and
cognitive development of the
resident and the resident’s mental

DOJ REVISED STANDARD
NUMBER
STANDARD
115.77
Disciplinary sanctions for
residents
(a) Residents shall be subject to
disciplinary sanctions pursuant to a
formal disciplinary process following
an administrative finding that the
resident engaged in resident-onresident sexual abuse or following a
criminal finding of guilt for residenton-resident sexual abuse.
(b) Sanctions shall be commensurate
with the nature and circumstances of
the abuse committed, the resident’s
disciplinary history, and the sanctions
imposed for comparable offenses by
other residents with similar histories.
(c) The disciplinary process shall
consider whether a resident’s mental
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
resident to participate in such
interventions as a condition of access

COMMENT/ EVALUATION
Change

The DOJ standard made 3
changes to the NPREC standard
they are:
Does not permit disciplining
residents for sex with staff
without a finding that the staff
member did not consent to such
contact
Residents may not be punished
for good faith allegations
Agencies must not consider
consensual sexual contact
between residents as sexual
abuse

Analysis

55
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 Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD
health status.

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
to programming or other benefits.
(e) The agency may discipline a
resident 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.
(g) Any prohibition on resident-onresident sexual activity shall not
consider consensual sexual activity to
constitute sexual abuse.

56
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February 2011

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

Medical and Mental Health
MM-1
Medical and mental health
intake screenings
During medical and mental health
reception and intake screenings,
qualified medical or mental health
practitioners talk with residents to
ascertain information regarding
the resident’s sexual orientation,
gender identity, prior sexual
victimization or history of
engaging in sexual abuse (whether

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD

Medical and Mental Care
115.381
Medical and mental health
screenings; history of sexual
abuse
(a) All facilities shall ask residents
about prior sexual victimization
during the intake process or
classification screenings.
(b) If a resident discloses prior sexual
victimization, whether it occurred in
an institutional setting or in the
community, staff shall ensure that 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

57
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PREA Standards Comparison
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NPREC STANDARD
NUMBER

STANDARD
it occurred in an institutional
setting or in the community),
mental health status, and mental or
physical disabilities. Such
conversations are conducted in the
manner that the medical or mental
health practitioner deems
appropriate for each resident in
light of the resident’s age and
developmental status according to
the practitioner’s professional
judgment and use inclusive
language that avoids implicit
assumptions about a young
person’s sexual orientation. The
information obtained during these
screenings is strictly limited to
medical and mental health
practitioners, with information
provided to appropriate staff on a
need to know basis to the extent
needed to inform all housing, bed,
program, education, and work
assignments for the resident (AP2). If a resident discloses prior
sexual victimization or
abusiveness during a medical or
mental
health reception or intake
screening, the practitioner reports

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
resident is offered a follow-up
reception with a medical or mental
health practitioner within 14 days of
the intake screening.
(c) Unless such intake or
classification screening precedes
adjudication, the facility shall also
ask residents about prior sexual
abusiveness.
(d) If a resident discloses prior
sexual abusiveness, whether it
occurred in an institutional setting or
in the community, staff shall ensure
that the resident is offered a followup reception with a mental health
practitioner within 14 days of the
intake screening.
(e) Subject to mandatory reporting
laws, 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 assignments.

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

58
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February 2011

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

the abuse according to agency
policy and relevant State or local
mandatory child abuse reporting
laws (OR-1) and provides the
appropriate treatment or referral
for treatment, based on his or her
professional judgment.

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, direct care staff first

COMMENT/ EVALUATION

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

115.382

Access to emergency medical
and mental health services
(a) Resident 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 the
time a report of recent abuse is made,
staff first responders shall take

Change

The DOJ added the following
language to this standard:
Resident 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

59
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Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

preliminary steps to protect the
victim pursuant to § 115.363 and
shall immediately notify the
appropriate medical and mental
health practitioners.
(d) Resident 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.

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

115.383

COMMENT/ EVALUATION

STANDARD

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 residents who,
during their present term of
incarceration, have been victimized

treatment that subsequently
must be offered 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.
The DOJ standard requires
follow up within 60 days

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Standards for Juvenile Justice Facilities

NPREC STANDARD
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
resident 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

COMMENT/ EVALUATION

STANDARD
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 resident
victims of sexual abuse with medical
and mental health services consistent
with the community level of care.
(d) The facility shall conduct a
mental health evaluation of all known
resident abusers within 60 days of
learning of such abuse history and
offer treatment when deemed
appropriate by qualified mental
health practitioners.
(e) Resident 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

61
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February 2011

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER
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 at the facility. When
incidents are determined to be
motivated by racial or other group

DOJ REVISED STANDARD
NUMBER
STANDARD
Data Collection and Review
115.386
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;
(2) Consider whether the incident or
allegation was motivated or

COMMENT/ EVALUATION
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

62
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February 2011

PREA Standards Comparison
Standards for Juvenile Justice Facilities

NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

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.

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

115.387

COMMENT/ EVALUATION

STANDARD
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 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.

Analysis

Data collection

Change

(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.

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

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PREA Standards Comparison
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NPREC STANDARD
NUMBER

STANDARD
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. See Appendix C for a list of
recommended data elements. 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 residents.

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
(b) The agency shall aggregate the
Analysis
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 residents.
(f) Upon request, the agency shall
provide all such data from the
previous year to the Department of
Justice no later than June 30.

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PREA Standards Comparison
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NPREC STANDARD
NUMBER
STANDARD
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 or other group
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 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

DOJ REVISED STANDARD
NUMBER
STANDARD
115.388
Data review for corrective
action
(a) The agency shall review data
collected and aggregated pursuant to
§ 115.387 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.
(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

COMMENT/ EVALUATION
Change

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

Analysis

65
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202-274-4385; nic@wcl.american.edu; www.wcl.american.edu/nic
February 2011

PREA Standards Comparison
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NPREC STANDARD
NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

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 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

COMMENT/ EVALUATION

STANDARD
specific threat to the safety and
security of a facility, but must
indicate the nature of the material
redacted.

115.389

Data storage, publication, and
destruction
(a) The agency shall ensure that data
collected pursuant to § 115.387 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.
(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

This standard is substantively the same.

Analysis

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

the date of its initial collection unless
Federal, State, or local law requires
otherwise.

initial collection unless Federal,
State, or local law allows for the
disposal of official information in
less than 10 years.

AU-1

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 facilities,
review documents, and interview
staff and residents, 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.

COMMENT/ EVALUATION

STANDARD

115.393

Audits
Audits of standards
(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 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

Change

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

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

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February 2011

PREA Standards Comparison
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STANDARD

DOJ REVISED STANDARD
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COMMENT/ EVALUATION

STANDARD
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 residents.
The Department of Justice also shall
prescribe the minimum qualifications
for auditors.
(f) The agency shall enable the
auditor to enter and tour facilities,
review documents, and interview
staff and residents 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.

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 for-cause
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 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

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

PREA Standards Comparison
Standards for Juvenile Justice Facilities

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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
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?”
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?”

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February 2011

PREA Standards Comparison
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NUMBER

STANDARD

DOJ REVISED STANDARD
NUMBER

COMMENT/ EVALUATION

STANDARD
Analysis

Other Questions:
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

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

PREA Standards Comparison
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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?”
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?”

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PREA Standards Comparison
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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.”
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?”

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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
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

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