Please note that Standards referenced throughout this FAQ often apply to multiple sets of PREA Standards. Along with different standard numbers, the different sets of standards use different terminology to refer to the population they house including “inmate,” “detainee,” and “resident.” When referencing a standard that applies equally to all facilities covered under PREA, the language in the question and answer will, unless specified, refer to the Adult Prisons & Jails standard numbers and use the term “inmate” to refer generally to the populations in those facilities. The FAQ search functionality uses the standard numbering from the Adult Prisons and Jails, regardless of the specific setting. When a standard is selected, the search will identify all FAQs related to that standard across all standard settings.
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Do the PREA Standards require an agency to post final PREA audit reports on its website?
Yes.
PREA Standard 115.403(f) states, “The agency shall ensure that the auditor’s final report is published on the agency’s Web site if it has one, or is otherwise made readily available to the public.” Therefore, if an agency website exists, all final audit reports must be published on it. Publishing final audit reports on an agency website does not preclude the agency from making the report available by other additional means if it chooses to do so.
If an agency does not have a website, the PREA Standards require that the agency make all final PREA audit reports readily available to the public by other means (unless and until an agency website becomes operational).
Should an auditor’s final report reflect deficiencies that were found in the interim report and actions taken to correct them during the corrective action period?
Starting on August 20, 2016, which is the first day of the first year of the second three year audit cycle, auditors are required to submit a report to the audited agency within 45 days of completion of an on-site audit. It is expected that if an auditor determines that a facility does not meet one or more of the standards, this report will be considered an “interim report,” triggering a 180-day corrective action period, and the auditor will include in the report recommendations for any required corrective action and shall jointly develop with the agency a corrective action plan to achieve compliance. The auditor is required to “take necessary and appropriate steps to verify implementation of the corrective action, such as reviewing updated policies and procedures or re-inspecting portions of a facility.” At the completion of the corrective action period, the auditor has 30 days to issue a “final report” with final determinations. Section 115.404 (d) states that, “After the 180-day corrective action period ends, the auditor shall issue a final determination as to whether the facility has achieved compliance with those standards requiring corrective action.” The final report, which is a public document that the agency is required to post on its web site or otherwise make publicly available, should include a summary of the actions taken during the corrective action period to achieve compliance.
Revised August 15, 2016. Original posting date April 23, 2014
At what stage in the audit process is an audit considered complete for the purposes of meeting the requirement that one-third of an agency’s facilities be completed by the end of each year in the auditing cycle?
Starting on August 20, 2016, which is the first day of the first year of the second three year audit cycle, for the purpose of the PREA standards, the audit is considered complete upon issuance of the initial audit report or 45 days after the conclusion of the auditor's on-site visit to the facility, whichever one comes first.
Revised August 15, 2016. Original posting date June 20, 2014
Within what timeframe must an agency post a copy of the final report of an audit of one of its facilities on its website, if it has one, or otherwise make the report available, to be compliant with standard 115.403(f)?
90 days after the auditor issues the final audit report, the agency must publish the final report on its website if it has one, or otherwise must make it readily available to the public. This requirement applies regardless of whether the agency is appealing the results of the final audit report.
Appeals must be lodged within 90 days of the auditor’s final determination. See standard 115.405(a). In cases where the agency is appealing the results of a final report, when the agency publishes the final report on its website if it has one or otherwise makes it readily available to the public, the agency may note that it is being contested and under appeal.