July 9, 2013
Q.

Do the PREA standards apply to adult psychiatric forensic mental health care facilities or hospitals operated by non-correctional agencies where individuals have been committed following a court finding of not guilty by reason of insanity or where they are held pending competency restoration?

A.

No. An adult hospital or mental health care facility that is not operated by a correctional agency (or under the authority of a correctional agency) is not covered under the PREA Standards. This is true even if the hospital or mental health care facility houses some portion of residents pursuant to the criminal justice system.  

Categories
Covered Facilities,
Final Rule,
Definitions