Prison Rape Elimination Act (PREA)

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.

Available for review are the policies and forms that address and document the following:

• Policy 340 – Background Checks
• Policy 614 – Investigations – PREA
• Policy 613 – Prison Rape Elimination Act Compliance

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

• 2024 Annual IDJC PREA report

• JCC-Lewiston Facility PREA Report
• JCC-Nampa Facility PREA Report
• JCC-St Anthony Facility PREA Report

• JCC-Lewiston Final PREA Audit Report 2015
• JCC-Lewiston Final PREA Audit Report 2017
• JCC-Lewiston Final PREA Audit Report 2021

• JCC-Nampa Final PREA Audit Report 2015
• JCC-Nampa Final PREA Audit Report 2017
• JCC-Nampa Final PREA Audit Report 2021

• JCC-St. Anthony Final PREA Audit Report 2014
• JCC-St. Anthony Final PREA Audit Report 2017
• JCC-St. Anthony Final PREA Audit Report 2020
• JCC-St. Anthony Final PREA Audit Report 2023

• National PREA Resource Center
• Juvenile PREA Standards
• National Institute of Corrections