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.

The “Expand All” link will reveal all FAQ search results. To print the results, use the "Print Selection" button, which expands all of them automatically in the printed document. If you want to see all unfiltered results, use the "Reset" button to remove previous selections.

Search DOJ FAQ

Q:

Are foster homes that contract with juvenile justice agencies (as opposed to institutional residential placements) covered by the PREA standards? 

A:

Foster homes are not covered by the standards.

Standard: 115.5
Categories: Covered Facilities, Final Rule, Definitions
Q:

If a facility for youth is not primarily used for youth in the juvenile justice system but, rather, social services youth, may the facility be considered either a “juvenile facility” or “community confinement facility” under the standards?

A:

No. A facility for juveniles that is not primarily used for the confinement of youth in the juvenile justice system is not covered by the PREA standards.

Standard: 115.5
Categories: Covered Facilities, Definitions, Final Rule
Q:

What is the threshold number of criminal justice residents in a community facility to implicate the community confinement standards?

A:

A community facility that is not primarily used for the confinement of residents in the adult criminal justice system is not covered by the community confinement facility standards.

Standard: 115.5
Categories: Covered Facilities, Definitions, Final Rule
Q:

Are facilities that exclusively house civilly-committed sex offenders (who have been convicted, served their prison sentence, and are deemed to be too dangerous to release to the community) covered by the PREA standards?

A:

No. Civilly-committed individuals are not considered inmates, residents, or detainees for purposes of determining whether a particular facility is covered under the standards.

Standard: 115.5
Categories: Covered Facilities, Final Rule, Definitions
Q:

What facilities are covered under PREA and the PREA standards?

A:

PREA directed the attorney general to promulgate standards for all confinement facilities including, but not limited to, local jails, police lockups, and juvenile facilities. See 34 U.S.C. § 30309(7). DOJ has promulgated standards for prisons and jails (28 C.F.R. §§ 115.11 – 115.93), lockups (28 C.F.R. §§ 115.111 – 115.193), residential community confinement facilities (28 C.F.R. §§ 115.211 – 115.293), and juvenile facilities (28 C.F.R. §§ 115.311 – 115.393).

Additionally, on May 17, 2012, the President directed “all agencies with federal confinement facilities that are not already subject to the Department of Justice’s final rule” to develop rules or procedures that comply with PREA.

Standard: 115.5
Categories: Act, Covered Facilities, Final Rule
Q:

Do community corrections standards apply to juvenile community confinement settings?

A:

No. Juvenile community confinement facilities are covered by the juvenile facility standards. See 28 C.F.R. § 115.5 (definition of community confinement facility). The community confinement facility standards do not apply to juvenile community confinement facilities.

Standard: 115.5
Categories: Covered Facilities, Final Rule, Definitions
Q:

Do the standards apply to facilities that hold youth in the custody of a juvenile justice agency if those youth are not the totality of the population held in that particular facility? For example, are contracted secure juvenile facilities; contracted halfway houses, group homes, and community correctional facilities; and state department of social services secure facilities that provide services to juveniles who are under juvenile court jurisdiction through a contract with the state juvenile justice agency all covered? If so, to what extent?

A:

The PREA standards make clear that a juvenile facility is one that is primarily used for the confinement of juveniles. If a majority of a facility’s residents are under the age of 18 (unless under adult court supervision and confined or detained in a prison or jail), it will fall within the scope of the juvenile facility standards, even if non-delinquent youth are part of the facility’s population. One example is a facility that houses 10 youth and only two of those youth are under the jurisdiction of juvenile justice agencies. According to the standard, because less than a majority of the youth in that facility are in the custody of the juvenile justice department, the facility does not need to comply with PREA juvenile facility standards. For example, if the facility is used to house individuals “as part of a term of imprisonment or as a condition of pre-trial release or post-release supervision…” then the community confinement standards would apply. See 28 C.F.R. § 115.5 (definition of community confinement facility).

In addition, as in all custodial settings, agencies have state and federal legal obligations to protect those in custody, irrespective of obligations under PREA.

Finally, PREA Standard 115.312 provides that “a public agency that contracts for the confinement of its residents with private agencies or other entities, including other government agencies, shall include in any new contract or contract renewal the entity’s obligation to adopt and comply with the PREA standards and any new contract or contract renewal shall provide for agency contract monitoring to ensure that the contractor is complying with the PREA standards.”

Standard: 115.5
Categories: Covered Facilities, Final Rule, Definitions