Do the PREA standards require that agencies conduct criminal records background checks on, and provide PREA-related contractor or volunteer training for, public defenders, other attorneys, interns working with public defenders or other attorneys, or law students practicing as attorneys under a practice agreement, pursuant to legal representation, before they may enter a confinement facility?
No. Standard 115.17 (115.117/115.217/115.317) requires generally that agencies perform a criminal background records check (and in the case of juvenile facilities, consult applicable child abuse registries) before enlisting the services of any contractor. In addition, agencies are required to provide PREA-related training to contractors and volunteers pursuant to standard 115.32 (115.132/115.232/115.332).
Legal counsel are not contractors enlisted by the agency. Therefore, the listed standards do not apply to them.
Revised September 28, 2015. Original posting date October 22, 2014.