§ 115.12 Contracting with other entities for the confinement of inmates, detainees, and residents

Purpose of the Standard:

  • Ensure that people who are confined in facilities pursuant to a contract with a PREA-compliant local, state, or federal entity share the same protections from sexual abuse and sexual harassment as anyone held in those PREA-compliant local, state, or federal facilities. This is accomplished by requiring public agencies that contract with outside entities for the confinement of their inmates, detainees, or residents to impose a contractual obligation to comply with the PREA Standards.

  • Placing oversight responsibility on agencies that contract with private agencies or other entities for the confinement of their inmates, detainees, or residents further ensures that people who are confined pursuant to a contract with a PREA-compliant jurisdiction share the same protections from sexual abuse and sexual harassment. The contracting agency must verify that the facilities are meeting compliance through audits and actively monitor the contract for compliance between audits.

Prisons and Jails

(a) A public agency that contracts for the confinement of its inmates with private agencies or other entities, including other government agencies, shall include in any new contract or contract renewal the entity’s obligation to adopt and comply with the PREA standards.

(b) Any new contract or contract renewal shall provide for agency contract monitoring to ensure that the contractor is complying with the PREA standards.

Lockups

(a) A law enforcement agency that contracts for the confinement of its lockup detainees in lockups operated by private agencies or other entities, including other government agencies, shall include in any new contract or contract renewal the entity’s obligation to adopt and comply with the PREA standards.

(b) Any new contract or contract renewal shall provide for agency contract monitoring to ensure that the contractor is complying with the PREA standards.

Community Confinement

(a) A public agency that contracts for the confinement of its residents with private agencies or other entities, including other government agencies, shall include in any new contract or contract renewal the entity’s obligation to adopt and comply with the PREA standards.

(b) Any new contract or contract renewal shall provide for agency contract monitoring to ensure that the contractor is complying with the PREA standards.

(c) Only in emergency circumstances in which all reasonable attempts to find a private agency or other entity in compliance with the PREA standards have failed, may the agency enter into a contract with an entity that fails to comply with these standards. In such a case, the public agency shall document its unsuccessful attempts to find an entity in compliance with the standards.

Juvenile Facilities

(a) A public agency that contracts for the confinement of its residents with private agencies or other entities, including other government agencies, shall include in any new contract or contract renewal the entity’s obligation to adopt and comply with the PREA standards.

(b) Any new contract or contract renewal shall provide for agency contract monitoring to ensure that the contractor is complying with the PREA standards.