Does a Governor’s certification regarding full compliance with the National PREA Standards cover State investigative agencies?
Certain standards apply to any State agency that conducts investigations relating to sexual abuse or sexual harassment in a covered confinement facility. See 28 C.F.R. §§ 115.21(g)(1), 115.121(f)(1), 115.221(g)(1), and 115.321(g)(1); 115.22(d), 115.122(c), 115.222(d), and 115.322(d); 115.34(d), 115.134(d), 115.234(d), and 115.334(d); and 115.71(k); 115.171(k); 115.271(k); and 115.371(l); and 115.178(c). These standards cover investigatory policies, training, and procedures; evidence protocols; and forensic examinations. To the extent that these state agencies investigate sexual abuse or sexual harassment in covered confinement facilities, compliance with the National PREA standards by these agencies also falls within the scope of the Governor’s certification.