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Prison Rape Elimination Act (PREA)

Overview

U.S. Department of Justice Final Rule
Governors’ PREA Certifications and Assurances
For More Information

On September 4, 2003, President George W. Bush signed into law the Prison Rape Elimination Act (PREA) of 2003 (P.L. 108-79). The goal of PREA is to eradicate prisoner rape in all types of correctional facilities in this country. As a result of PREA, the Bureau of Justice Assistance (BJA) established the Protecting Inmates and Safeguarding Communities Program in Fiscal Year (FY) 2004. Funding was made available to states to support efforts to prevent and eliminate prisoner rape between inmates in state and local prisons, jails, and police lockup facilities and to safeguard the communities to which inmates return. The two main goals of the Protecting Inmates and Safeguarding Communities Program are to assist states and local jurisdictions in ensuring that budget cuts don't compromise efforts to protect inmates and to safeguard communities upon the inmate's reentry.

In FY 2011, BJA established the PREA Demonstration Projects to Establish “Zero Tolerance” Cultures for Sexual Assault Program. The PREA Program provides funding to state and local governments and federally recognized tribes for demonstration projects within confinement settings including, adult prisons and jails, juvenile facilities; community corrections facilities; law enforcement lockups and other temporary holding facilities, and tribal detention facilities.

For questions, please contact the PREA Management Office (PMO) at [email protected].

PREA Management Office Team Members:
Tom Talbot
Emily Chonde
Dee Halley
Jessa Wilcox

U.S. Department of Justice Final Rule

National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act (PREA):

Governors’ PREA Certifications and Assurances

The PREA statute provides that, if a governor is not able to certify to DOJ that their jurisdiction is in full compliance with the PREA Standards, the governor has the option to submit an assurance to DOJ that (1) commits that not less than five percent of certain DOJ grant funds will be used solely for the purpose of enabling the jurisdiction to achieve and certify full compliance with the Standards in future years, or (2) requests that funds be held in abeyance by DOJ pending disposition consistent with the statute. If the governor is not able to certify to DOJ that the jurisdiction is in full compliance with the Standards and elects not to submit an assurance to DOJ, the jurisdiction will be subject to the loss of five percent of certain DOJ grant funds that it would otherwise receive.

The first year of the five percent reduction was FY 2014, which commenced on October 1, 2013, and ended on September 30, 2014. States that implement PREA have an ongoing obligation for compliance and thus, the PREA reallocation or reduction will be applied each year the governor does not certify full compliance with the PREA Standards.

Starting in 2014, there were three DOJ grant programs subject to the PREA statutory provision related to the submission of certifications and assurances. Two of the grant programs are administered by the Office of Justice Programs (OJP): (1) BJA’s Edward Byrne Memorial Justice Assistance Grant Program, and (2) the Office of Juvenile Justice and Delinquency Prevention’s (OJJDP’s) Juvenile Justice and Delinquency Prevention Act (JJDPA) Formula Grant Program. The third grant program, Services, Training, Officers, and Prosecutors (STOP) Violence Against Women Formula Grant Program, is administered by the Office on Violence Against Women (OVW). The Justice for All Reauthorization Act of 2016 specified that programs administered by OVW are not "covered programs" for the purpose of PREA. Thus, starting with FY 2017 funds, the STOP Violence Against Women Formula Program will not be included as a program subject to PREA. The impact on awards from FY 2014 – FY 2016 will not change. More information on the PREA amendment under the Justice for All Reauthorization Act of 2016 can be found here. Full text of the statute can be found here

Please see below for additional information on governors’ PREA certification and assurance submissions, reduction and reallocation amounts to impacted DOJ grant funds, and proposed PREA implementation activities for jurisdictions that submit an assurance.

FY 2014

2014 Press Updates

FY 2015

FY 2016

FY 2017

FY 2018

FY 2019

FY 2020

For More Information

National PREA Resource Center