Prison Rape: Department Of Justice Orders Increase In Anti-Rape Efforts

[Tx4obama]

Source: Huffington Post

WASHINGTON — The Obama administration ordered federal, state and local officials Thursday to adopt zero tolerance for prison rape as it issued mandatory screening, enforcement and prevention regulations designed to reduce the number of inmates who suffer sexual victimization at the hands of other prisoners and prison staff.

Anti-rape advocates and victims of prison rape, while saying the standards are not perfect, cheered the new regulations. The rules have been under development since Congress passed the Prison Rape Elimination Act in 2003 to fight rape and sexual victimization in the nation's prisons, jails and halfway houses. The regulations were announced only minutes after the Justice Department unveiled a new survey of former state and local prisoners that showed that almost one in every 10 reported at least one incident of sexual victimization by prison staff or other inmates.

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The regulations are immediately binding on federal prisons. States that don't fall in line face a loss of 5 percent of their Justice Department prison money unless their governor certifies that the same amount of money is being used to bring the state into compliance. Prison accreditation organizations also will be barred from federal grants unless they include similar anti-prison rape standards in their accreditation process, which means local jails could lose their accreditation unless they comply.

"Sexual violence, against any victim, is an assault on human dignity and an affront to American values," President Barack Obama said.

Read more: http://www.huffingtonpost.com/2012/05/17/prisons-step-up-anti-rape_n_1525186.html

[Tx4obama]

1. Presidential Memorandum -- Implementing the Prison Rape Elimination Act

Presidential Memorandum -- Implementing the Prison Rape Elimination Act

May 17, 2012

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Implementing the Prison Rape Elimination Act

Sexual violence, against any victim, is an assault on human dignity and an affront to American values. The Prison Rape Elimination Act of 2003 (PREA) was enacted with bipartisan support and established a "zero tolerance standard" for rape in prisons in the United States. 42 U.S.C. 15602(1).

My Administration, with leadership from the Department of Justice, has worked diligently to implement the principles set out in PREA. Today, the Attorney General finalized a rule adopting national standards to prevent, detect, and respond to prison rape. This rule expresses my Administration's conclusion that PREA applies to all Federal confinement facilities, including those operated by executive departments and agencies (agencies) other than the Department of Justice, whether administered by the Federal Government or by a private organization on behalf of the Federal Government.

Each agency is responsible for, and must be accountable for, the operations of its own confinement facilities, and each agency has extensive expertise regarding its own facilities, particularly those housing unique populations. Thus, each agency is best positioned to determine how to implement the Federal laws and rules that govern its own operations, the conduct of its own employees, and the safety of persons in its custody. To advance the goals of PREA, we must ensure that all agencies that operate confinement facilities adopt high standards to prevent, detect, and respond to sexual abuse. In addition to adopting such standards, the success of PREA in combating sexual abuse in confinement facilities will depend on effective agency and facility leadership and the development of an agency culture that prioritizes efforts to combat sexual abuse.

In order to implement PREA comprehensively across the Federal Government, I hereby direct all agencies with Federal confinement facilities that are not already subject to the Department of Justice's final rule to work with the Attorney General to propose, within 120 days of the date of this memorandum, any rules or procedures necessary to satisfy the requirements of PREA and to finalize any such rules or procedures within 240 days of their proposal.

This memorandum shall be implemented consistent with the requirements of Executive Order 13175 of November 6, 2000 (Consultation and Coordination With Indian Tribal Governments).

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

http://www.whitehouse.gov/the-press-office/2012/05/17/presidential-memorandum-implementing-prison-rape-elimination-act

[Po_d Mainiac]

2. Just in time for Edwards n/t

[pmorlan1]

3. Yes!

It doesn't happen very often (sadly) but in this instance I can cheer the Obama administration. Good job! I sure do love election season.

[obamanut2012]

4. Good -- rape is rape

And, I believe prisoners have a legal right to be protected from violence while in jail or prison.

[closeupready]

5. Glad to hear that. Rape as a punitive tool is unacceptable -

completely unacceptable. k&R

[duhneece]

6. Our most vulnerable should be protected

No one, NO ONE, should be raped and folks locked in cages are among our most vulnerable.

[Solly Mack]

7. K&R

[Rozlee]

8. Idiotic.

I got a 6-month contract to work at the FCI in Beckley WV in 1996 when it was just openning to inmates. I was an RN in the medical department and we were required to count every latex glove we used and make sure it was disposed of in a secure container so inmates couldn't get a hold of them and make condoms of them. We had several inmates with HIV. But, having condoms available for prisoners would mean acknowledging that sexual activity--consensual or coerced--was going on and that was something the higher-ups refused to admit.