Can an auditor find a federal Bureau of Prisons, state, county, or other local or private facility compliant with the PREA standards if an entity external to the confining agency, which conducts criminal investigations of sexual abuse in the facility being audited, is not compliant with the external investigative entity’s obligations under standards 115.21, 115.22, 115.34, and 115.71?
Yes, provided that the confining agency and facility being audited has met its own specific obligations under these standards. For example, standard 115.21(f) requires the confining agency to request that the relevant external investigating entity follow the PREA standards regarding a uniform evidence protocol and forensic medical evaluations.
The four PREA standards referenced above explicitly apply to DOJ and state entities that are responsible for investigating allegations of sexual abuse in adult prisons, jails, lockups, community corrections facilities, and juvenile facilities. See, standards 115.21(g)(2), 115.22(e), 115.34(d), and 115.71(k)&(l).