What is the Prison Rape Elimination Act (PREA)?

The PREA was passed in 2003 with unanimous support from both parties in Congress. The purpose of the act is to “provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations and funding to protect individuals from prison rape.”  The act also creates the National Prison Rape Elimination Commission and charges it with developing standards for the elimination of prison rape. The original standards were published in June 2009 and turned over to the Department of Justice for review and passage as a final rule. That final rule became effective August 20, 2012. The National PREA Resource Center contains a copy of the Juvenile Standards as well as a multitude of resources regarding PREA implementation.

DJJ and PREA

DJJ has zero tolerance for any acts of sexual abuse, assault, misconduct, or harassment. Sexual activity between staff and juveniles, volunteers or contract personnel and juveniles, and juvenile and juvenile, regardless of consensual status, is prohibited and subject to administrative and criminal disciplinary sanctions. The Department's PREA Policy FDJJ 1919, revised 4/16/19, can be found by clicking this link Policies and Procedures .

The Department employs a designated PREA Coordinator responsible for the development, implementation, and oversight of the agency's efforts to comply with the PREA standards.  Shown here on the Department's Organizational Chart FDJJ Org. Chart the PREA Coordinator has a critical role in DJJ.  The Department also has designated PREA Facility Compliance Managers for its Residential and Detention program areas. 

While PREA speaks directly to residential and detention services for DJJ, all employees, contractors, juveniles, and volunteers are expected to have a clear understanding that the Department strictly prohibits any type of sexual relationship with an individual under Department supervision, and considers such a relationship a serious breach of the standards of employee conduct and contract compliance.  These relationships will not be tolerated.

All new contracts, amended contracts, or contracts renewed shall include the contracting entity’s obligation to adopt and comply with the PREA standards for any confinement services provided on behalf of the Department.  Contracted providers will be subject to PREA audits, including contract monitoring, to ensure compliance with PREA standards.