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Community Corrections and the Prison Rape Elimination Act

NCJ Number
220918
Journal
Corrections Today Volume: 69 Issue: 5 Dated: October 2007 Pages: 82,83,85
Author(s)
Robert M. Maccarone
Date Published
October 2007
Length
3 pages
Annotation
This article examines the implications for community corrections of the provision of the Federal Prison Rape Elimination Act of 2003, whose focus is the elimination of rape and sexual assault in U.S. jails and prisons.
Abstract
Since many community corrections agencies provide direct care to juvenile and/or adult offenders through the use of detention, lockups, shelters, placement, or community residential facilities, they are responsible for the safety and well-being of individuals under their care and custody. Given the various custodial settings linked to community corrections, the National Prison Rape Elimination Commission has determined that community corrections agencies (probation and parole) are subject to PREA provisions. Under PREA, the term "inmate" means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program. PREA requires that the U.S. Justice Department's Bureau of Justice Statistics conduct annual comprehensive statistical reviews of prison rape. This is expected to include surveys and other statistical studies of current and former inmates from a sample of Federal, State, county, and municipal correctional facilities. Presumably, one of the more efficient means of contacting former inmates will be through probation and parole authorities. Community corrections agencies may be among the best reporters of sexual assault and rape in custodial settings, since victims will disclose these assaults only when they feel safe enough to share their victimization after they leave the facility in which it occurred. Community corrections professionals must be prepared to respond to such reports by ensuring that services are in place to refer these reports to appropriate agencies and address the needs of the victims.