Auditor qualifications

Prison Rape Elimination Act (PREA) standard §115.402 specifies that audits shall be conducted by “(1) a member of a correctional monitoring body that is not part of, or under the authority of, the agency (but may be part of, or authorized by, the relevant State or local government); (2) a member of an auditing entity such as an inspector general’s or ombudsperson’s office that is external to the agency; or (3) other outside individuals with relevant experience.”

Audit Appeals Process

The National PREA Standards provide an opportunity for an agency to lodge an appeal with the Department of Justice (DOJ) regarding any specific audit finding that the agency believes to be incorrect. See 28 C.F.R. § 115.405(a).

Under the National PREA Standards, the only relief that an agency can receive from a favorable decision by DOJ following an appeal is that the agency may commission a re-audit by an auditor who is mutually agreed upon by the agency and DOJ. See 28 C.F.R. § 115.405(b).

Facility Audit vs. Agency Audit

The OAS allows users to complete both facility and agency audits.

Facility Audits are a comprehensive evaluation of an individual facility's compliance with the PREA Standards.

Agency Audits are an annual audit of specific PREA provisions at an agency level. Agency Audits are particularly relevant for agencies with more than one facility as they relieve the Facility Audit from auditing the same agency-level operations repeatedly during each facility audit.

Juvenile Facilities

A) Pre-Audit Questionnaire

A questionnaire that will be sent by the auditor to the facility prior to the audit. It should be completed by the facility’s PREA Compliance Manager, or similar person. (Before any facility audits take place in a given jurisdiction, the agency-level PREA Coordinator should complete a version of this to provide any agency-level information and any relevant agency-wide policies so that all facility auditors can reference the agency-level material without having to duplicate the work.)

Community Confinement Facilities

A) Pre-Audit Questionnaire

A questionnaire that will be sent by the auditor to the facility prior to the audit. It should be completed by the facility’s PREA Compliance Manager, or similar person. (Before any facility audits take place in a given jurisdiction, the agency-level PREA Coordinator should complete a version of this to provide any agency-level information and any relevant agency-wide policies so that all facility auditors can reference the agency-level material without having to duplicate the work.)

Lockups

A) Pre-Audit Questionnaire

A questionnaire that will be sent by the auditor to the facility prior to the audit. It should be completed by the facility’s PREA Compliance Manager, or similar person. (Before any facility audits take place in a given jurisdiction, the agency-level PREA Coordinator should complete a version of this to provide any agency-level information and any relevant agency-wide policies so that all facility auditors can reference the agency-level material without having to duplicate the work.)