What is the difference between “anonymous” reporting as used in PREA Standard 115.51(b), “confidential” as used in PREA Standard 115.53, and “privately report” as used in PREA Standard 115.51(d)?

February 6, 2020

PREA Standard 51(b) requires agencies to “provide at least one way for inmates to report abuse or harassment to a public or private entity or office that is not part of the agency, and that is able to receive and immediately forward inmate reports of sexual abuse and sexual harassment to agency officials, allowing the inmate to remain anonymous upon request.” The term “anonymous” as used here means that the inmate must have the ability (at the inmate’s request) to keep his or her identity protected from disclosure to agency and facility personnel.

What inmate education and information must be available to inmates before an external reporting mechanism may be considered compliant with PREA Standard 115.51(b) and PREA Standard 115.33?

February 3, 2020

PREA Standard 115.33(a) requires that “[d]uring the intake process, inmates shall receive information explaining…how to report incidents or suspicions of sexual abuse or sexual harassment.” PREA Standard 115.33(f) requires that agencies “ensure that key information is continuously and readily available or visible to inmates through posters, inmate handbooks, or other written formats.”

What is the difference between the post-incident victim advocacy required in PREA Standard 115.21, and the outside confidential support services required in PREA Standard 115.53?

February 3, 2020

PREA Standard 115.21(e) requires agencies to provide a victim advocate to, when requested by the victim, “accompany and support the victim through the forensic medical examination process and investigatory interviews and shall provide emotional support, crisis intervention, information, and referrals.” If a rape crisis center is not available to provide this service, the agency must provide a qualified staff member of a community-based organization, or a qualified agency staff member.