August 2, 2019
Q.
Does a juvenile facility’s receipt of, or eligibility to receive, Medicaid funding administered by the United States Department of Health and Human Services impact the determination of whether or not the facility is covered under the PREA standards?
A.
No. Applicability of the PREA standards is determined exclusively by whether a facility meets the definition of one of the five covered facility types defined in the standards: Prisons, Jails, Lockups, Juvenile Facilities, and Community Confinement Facilities.
The term “Juvenile facility” is defined in the PREA standards as “a facility primarily used for the confinement of juveniles pursuant to the juvenile justice system or criminal justice system.” (See 28 C.F.R. § 115.5.)
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Youthful Inmates