The PREA Standards establish an audit process that is designed to assess compliance not only through written policies and procedures but also whether such policies and procedures are reflected in the knowledge and day-to-day practices of staff at all levels. Therefore, an agency must be compliant not only in policy but must also demonstrate institutionalization of the Standards in its day-to-day practices. An agency or facility which is unable to demonstrate compliance in practice, or which provides substantially conflicting information or evidence regarding compliance, has failed to meet its burden under §115.401(e).

When considering whether or not a facility is in compliance with a particular Standard, auditors must consider all relevant evidence, including the auditor’s observations of routine practices in the facility, what the auditor learned in the course of interviewing staff and inmates, and information contained in documentation that the auditor reviewed.

It is important to note, if a facility is out of compliance with any provision of a Standard, the facility is out of compliance with the entire Standard.

Exceeds – the facility substantially exceeds the requirements of the Standards. Where an auditor determines that a facility exceeds the requirements of a Standard, the auditor must clearly and specifically explain how the facility meets and then substantially exceeds the requirements of the Standard, and the evidence must justify and support the finding (see, for example, the PREA Auditor Handbook at p. 66). It is not sufficient for the auditor to describe the facility as meeting the requirement of the Standards and then select “Exceeds Standard” for the Overall Determination.

Meets – complies in all material ways with the Standard for the relevant review period.

Does not meet – requires corrective action to meet the Standard.

Per the PREA Standards, an agency shall employ or designate an upper-level, agency-wide PREA Coordinator with sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA Standards in all its facilities.

Note: The same person cannot be listed as the PREA Coordinator and the PREA Compliance Manager as these are two distinct roles.

Per the PREA Standards, where an agency operates more than one facility, each facility shall designate a PREA Compliance Manager with sufficient time and authority to coordinate the facility’s efforts to comply with the PREA Standards.

Note: The same person cannot be listed as the PREA Coordinator and the PREA Compliance Manager as these are two distinct roles.