Prison Rape Elimination Act (PREA) Flashcards
Prison Rape Elimination Act (PREA)
National Standards refers to Part 115, Title 28, CFR, a federal act that establishes a zero tolerance standard for sexual abuse. PREA requires an investigation of the incident that includes gathering information, resources, recommendations, and funding to protect individuals from prison rape.
Section 944.31, F.S., directs the Department of Correction’s response to PREA incidents. PREA provides guidelines for the first responding officer and the investigator of a suspected sexual abuse incident. In addition, chapter 794, F.S., addresses prosecution of sexual assault or sexual battery.
F.A.C. 33-208 details administrative penalties for officer failure to report sexual battery or sexual assault of an offender. Treat all sexual abuse allegations seriously. There are legal provisions that you must adhere to and failure to do so may result in disciplinary action against you.
If an offender reports to you that they were a victim of sexual abuse or sexual battery, and it occurred in a residential treatment facility, refer the offender to local law enforcement authorities.
If an offender reports that they were a victim of sexual abuse or sexual battery, that it occurred inside of the incarceration environment, and they did not previously report it, notify proper chain of command. Generate an incident report and refer all allegations to the Department of Corrections, Office of the Inspector General.
Offer appropriate treatment referrals and document any information received from an offender or collateral contacts regarding the PREA incident. Institutions have treatment programs available for inmates, but unfortunately, these services are not available to an offender once they are under supervision.
Refer the offender to a Department-approved provider for assistance and treatment. Document in OBIS whether the offender accepted or declined treatment. PREA incidents are Protected Health Information (PHI) incidents and are not subject to public records requests.
