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Development of Prison Rape Elimination Act (PREA) Related Products for Tribal Jurisdictions

The Prison Rape Elimination Act of 2003 (PREA) supports the elimination, reduction, and prevention of sexual assault and rape within corrections systems. Although there has been a concerted effort to educate correctional facility personnel nationwide regarding their increased accountability under PREA, policy guidelines for correctional facility personnel in tribal jurisdictions have yet to be fully implemented.

PREA requires prisons and jails to keep data regarding inmate-on-inmate sexual assaults, nonconsensual sexual acts, and staff sexual misconduct. Under PREA, corrections personnel who directly or indirectly supervise offenders in custodial situations may be held accountable if sexual coercion, abuse, or assault occurs. It is critical that PREA and its implications and obligations for corrections personnel be fully understood.

Tribal jurisdictions may have jails that are under-funded and understaffed. It may benefit tribal jails to identify community resources that may be helpful in developing sound PREA practices. Tribal community partners may include local police, community supervision officers, tribal courts, prosecutors, reservation social services, and local medical facilities.

The Council of State Governments/American Probation and Parole Association has been awarded a grant by the Bureau of Justice Assistance (Grant #2006-RP-BX-K001) to develop practice and policy guidelines to assist corrections professionals in tribal jurisdictions in understanding and complying with the provisions of PREA. CSG/APPA, along with the Bureau of Indian Affairs, Office of Law Enforcement Services, will develop the guidelines in such a way that they can be adapted to meet the needs of local facilities without sacrificing the intent and requirements of PREA. CSG/APPA will also develop a training curriculum to be used by the Bureau of Indian Affairs to train correctional facilities managers and staff on the implementation of the policy guidelines, and will produce a variety of PREA-related materials for the tribal community to distribute information to the community and potential inmates regarding PREA.

For more information, please contact:
Carrie E. Abner
Research Associate
American Probation & Parole Association
The Council of State Governments
P.O. Box 11910
Lexington, KY 40578-1910
(859)244-8031