Prison Rape Elimination Act (PREA)

The Prison Rape Elimination Act (PREA), is a federal law that establishes a zero-tolerance standard against sexual abuse in adult prisons, jails, police lockups, private prisons, as well as juvenile facilities and community confinement facilities. The Act requires agencies to comply with national standards to eliminate sexual abuse. The standards include the prevention, detection, and prosecution of any sexual abuse within juvenile facilities.

 

Idaho’s Commitment to PREA Compliance

The Idaho Department of Juvenile Corrections (IDJC) has a zero-tolerance policy relating to staff sexual misconduct, juvenile sexual abuse, sexual harassment, and consensual juvenile sexual misconduct. It is the policy of the IDJC to fully investigate and aggressively prosecute those who are involved in such conduct, if it is determined a crime was committed.

All juveniles placed in the custody of the IDJC shall be maintained in facilities that promote healthy and safe environments. All facilities responsible for the custody of juveniles shall actively implement this policy to prohibit and prevent any staff sexual misconduct, juvenile sexual misconduct, abusive sexual contact, nonconsensual or consensual sex, regardless of a juvenile’s age, sexual orientation, or sexual identification.

The IDJC has a designated PREA Coordinator to oversee, coordinate, and monitor implementation of PREA standards throughout all state and contract facilities. Each facility has a designated PREA Compliance Manager to oversee, coordinate and monitor implementation of the standards within their facility using best practice methods to prevent, detect, and prosecute all sexual abuse cases.

Juvenile PREA Education Videos

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Frequently Asked Questions

Resident-on-Resident

Sexual Abuse – Includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:

  1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
  2. Contact between the mouth and the penis, vulva or anus;
  3. Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument; and
  4. Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or the buttocks of another person, excluding contact incidental to a physical altercation.

Sexual Harassment – Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures or actions of a derogatory or offensive nature by one juvenile directed towards another juvenile.

Staff-on-Resident

Sexual Abuse – Includes any of the following acts, with or without consent of the resident by a staff member, contractor or volunteer:

  1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
  2. Contact between the mouth and the penis, vulva or anus;
  3. Contact between the mouth and any body part where the staff member, contractor or volunteer has the intent to abuse, arouse or gratify sexual desire;
  4. Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument, that is unrelated to official duties or where the staff member, contractor or volunteer has the intent to abuse, arouse or gratify sexual desire;
  5. Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh or the buttocks, that is unrelated to official duties or where the staff member, contractor or volunteer has the intent to abuse, arouse or gratify sexual desire;
  6. Any attempt, threat or request by a staff member, contractor or volunteer to engage in the activities described in items 1-5;
  7. Any display by a staff member, contractor or volunteer of his or her uncovered genitalia, buttocks or breast in the presence of resident; and
  8. Voyeurism by a staff member, contractor or volunteer.

Voyeurism – An invasion of a resident’s privacy by staff, contractor or volunteer for reasons unrelated to official duties, such as peering at a juvenile who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals or breasts; or taking images of all or part of a resident’s naked body or of a resident performing bodily functions.

Sexual Harassment – Repeated verbal comments or gestures of a sexual nature to a juvenile by a staff member, contractor or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

PREA addresses the detection, response, prevention and elimination of sexual assault, sexual abuse, and sexual harassment in all IDJC state and contract facilities. Additionally, PREA directs the collection and dissemination of information on the incidence of juvenile-on-juvenile sexual abuse as well as staff sexual misconduct with youth in IDJC custody.

PREA applies to all Federal, State, local public and private institutions that house juveniles and adult offenders, male and female.

IDJC has policies and standards for employees, volunteers, interns, and contractors (VICs) that prohibit inappropriate relationships with juveniles in their care. All staff and VICs are provided training on professional ethics and in maintaining professional boundaries when interacting with youth; as well as training to detect and report staff sexual misconduct, juvenile sexual abuse, sexual harassment, and juvenile sexual misconduct.

 

Reporting Abuse

If you suspect that a juvenile committed to the custody of IDJC has been subject to sexual abuse or harassment that has occurred at an IDJC facility or a provider contracted by IDJC, you may contact IDJC, contact Child Protection at 1.855.522.5437, or contact law enforcement in the area where the facility is located. All reports are taken seriously and investigated as outlined in the PREA standards. Any knowingly false accusations may be prosecuted.

 

Assistance Offered to Victims

  • Care offered to victim at the expense of IDJC
  • Forensic medical exams performed by Sexual Assault Nurse Examiners
  • Mental Health Counseling and Support
  • Victim advocacy

IDJC has participated in the Department of Justice/Bureau of Justice Statistics annual Survey of Sexual Violence since 2004. IDJC collects data related to reports of sexual abuse in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices and training, including:

  • Identifying problem areas
  • Taking corrective action on an ongoing basis; and
  • Preparing an annual report of its findings and corrective actions

To develop productive citizens in active partnership with communities

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