Q.

When a confining agency maintains relationships with one or more facilities that are operated by a private organization on behalf of the agency and with a private organization with whom it contracts for the confinement of inmates, what is the confining agency’s obligation under the auditing standards and the audit count calculation?

A.

A facility “operated… by a private organization on behalf of an agency” is required to be audited in accordance with the agency’s audit schedule, and will count as an agency’s facility for purposes of determining the “one-third” annual audit calculation. 

A mere “contract facility” pursuant to standard 115.12 does not count in the contracting agency’s audit requirements.  However, the contracted agency is considered its own “agency” for purposes of PREA, and has its own independent obligations to comply with the PREA standards (including the auditing standards).  This obligation becomes explicit when a contracting agency enters into, or renews its contract with a contracted facility pursuant to the standards.

If a public agency maintains relationships with both types of agencies, the agency should determine which facilities fall within each of the two categories, and include only the former category within its audit timelines and obligations.

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