Prison Rape Elimination Act (PREA) Protections

Prison Rape Elimination Act (PREA) Protections are the federal standards and practices intended to prevent, detect, and respond to sexual abuse and sexual harassment in confinement settings, including federal prisons operated by the Federal Bureau of Prisons (BOP). PREA establishes nationwide requirements across reporting, screening, staffing, training, investigations, medical and mental health care, incident review, and protection from retaliation, with compliance measured through independent audits on a three‑year cycle. PREA applies to adult prisons and jails, lockups, juvenile facilities, and community confinement, with tailored subparts and requirements for each facility type.

PREA matters because sexual abuse in custody is a constitutional, human, and public health issue: the standards require accessible reporting options, trauma‑informed responses, forensic protocols, limits on cross‑gender searches, specialized staff training, and safeguards for vulnerable populations. The statute, codified at 34 U.S.C. chapter 303, also created a national advisory commission and an audit system to drive accountability, and led to creation of the PREA Resource Center to support implementation.

How PREA works in federal prisons

PREA's regulations are binding on federal prisons and require the BOP to adopt policies and practices consistent with 28 C.F.R. part 115, subpart A (adult prisons and jails) across prevention planning, training, screening, reporting, investigations, medical care, incident review, and data practices. Facilities must be audited by DOJ‑certified auditors at least once every three years, publish audit results, and correct identified deficiencies through corrective action plans.

Facilities must provide multiple internal and external reporting avenues, ensure timely medical and mental health responses, implement evidence protocols for sexual assault, and train staff at hire and annually on PREA standards, dynamics of abuse, and incident response.

Eligibility and who is covered

PREA protections apply to individuals confined in adult prisons and jails, lockups, community confinement facilities, and juvenile facilities; federal prisons are governed by the adult prisons and jails standards. PREA covers interactions involving staff, contractors, volunteers, and other incarcerated persons, with prohibitions on sexual abuse and harassment and requirements for reporting, investigation, and protection from retaliation.

Reporting options and response

Internal reporting

Individuals may report incidents or suspicions of sexual abuse or harassment to any staff member, through written forms, via designated telephonic or electronic channels, and anonymously. Facilities must allow reporting without requiring disclosure to staff who may be implicated, and must provide methods for staff and detained persons to report privately.

Third-party and external reporting

PREA requires facilities to establish at least one method for third parties (family, friends, attorneys, advocates) to report abuse or suspicion of abuse on behalf of an incarcerated person and to provide a way to report to an entity or office outside the facility, enabling confidential communication not monitored for content.

Emergency and medical response

Facilities must follow a coordinated response plan that includes immediate separation from the alleged abuser, preservation and collection of evidence under an evidence protocol, and access to forensic medical examinations by qualified Sexual Assault Nurse Examiners (SANEs) or Sexual Assault Forensic Examiners (SAFEs) when appropriate.

Key standards and protections

Zero tolerance and leadership

Agencies must enforce a zero tolerance policy toward sexual abuse and harassment, designate agency‑level and facility‑level PREA coordinators, and ensure sufficient authority and resources for implementation.

Screening and housing

Facilities must assess all individuals within 72 hours of intake—and reassess thereafter—to identify risk factors for victimization or abusiveness, including prior victimization, disability, age, youthful status, LGBT+ identity, and prior institutional behavior, and must use the information to inform housing, work, education, and program placements without discriminatory criteria.

Limits on searches and privacy

Cross‑gender strip searches and visual body cavity searches are prohibited except in exigent circumstances or when performed by medical practitioners, and facilities must restrict cross‑gender viewing of showering and bodily functions as much as possible, consistent with safety and security needs.

Training and specialized training

Agencies must train all employees on dynamics of sexual abuse in confinement, detection and response, and responsibilities under PREA; investigators and medical/mental health practitioners receive specialized training including evidence collection and trauma‑informed care.

Medical and mental health care

Survivors must be offered timely, unimpeded access to medical and mental health services, including emergency contraception, STI prophylaxis and testing where clinically indicated, and follow‑up care, without financial cost barriers for services related to sexual abuse in custody.

Protection from retaliation

Facilities must monitor for at least 90 days, and as needed beyond, to protect anyone who reports abuse or cooperates with investigations from retaliation by staff or other incarcerated persons, taking measures such as housing changes, program adjustments, and work reassignments to safeguard the reporter.

Investigations and evidence

Agencies must ensure allegations are promptly referred to a qualified investigative entity, prohibit polygraph requirements for reporting, and maintain evidence protocols aligned with professional standards, with administrative and criminal investigations documented and coordinated with prosecutors when appropriate.

How to access or participate

Accessing reporting channels

Facilities must post and provide PREA reporting instructions in accessible formats and languages, including confidential external reporting methods; third parties may submit reports to designated hotlines, email addresses, mailboxes, or external offices identified by the facility's PREA coordinator. The PREA Resource Center provides information on reporting frameworks, auditing, and implementation across jurisdictions.

After a report

Survivors should be offered separation from the alleged abuser, immediate medical evaluation, and the option of a forensic exam if within an appropriate time frame, with instructions to preserve evidence (e.g., not showering, changing clothes, or using the restroom until medical guidance), and access to advocacy consistent with facility policy and available community services.

Vulnerable populations and special protections

Youthful inmates

Adult prisons must ensure youthful inmates are not placed in housing where they have contact with adult inmates unless constant direct supervision is provided and must provide sight‑and‑sound separation or equivalent protection in accordance with 28 C.F.R. § 115.14.

LGBTQ+ and gender nonconforming individuals

Screening and placement decisions must consider gender identity and safety, prohibit decisions based solely on anatomy or sexual orientation, and limit cross‑gender searches, with individualized assessment for transgender and intersex individuals to maximize safety and access to programs.

Audits, statistics, and outcomes

Agencies must undergo triennial audits using DOJ‑certified auditors, publish results, and address findings through corrective action plans; the audit instrument and auditor certification are maintained by the PREA Resource Center. PREA also requires data collection, incident classification, and annual reporting by agencies, with confidentiality protections for survivors and limits on personally identifying information in published materials.

Criticisms and challenges

Observers have noted variability in adoption and enforcement across jurisdictions, resource constraints affecting staffing and training, limits on external reporting access in some facilities, and gaps in culturally competent services for certain populations; nonetheless, the DOJ standards and audit process remain the primary national accountability mechanism for sexual safety in custody.

Background and legislative history

PREA was enacted in 2003 to address sexual abuse in correctional settings nationwide, directing the Attorney General to develop binding national standards through DOJ; the final rule was published on June 20, 2012, creating 28 C.F.R. part 115 and establishing the audit regime and implementation framework.

Presidential memorandum and implementation

A 2012 presidential memorandum directed executive agencies to implement PREA, reinforcing DOJ's final rule and expectations for compliance across federal facilities. Following publication of the standards, DOJ supported national implementation via training, technical assistance, and the PREA Resource Center, while agencies instituted policy revisions, staff training programs, and facility‑level coordinators.

See also

• Federal Bureau of Prisons
• Overview of Incarcerated Persons' Rights
• Administrative Remedy Process
• First Step Act

External links

• 28 C.F.R. Part 115 (PREA standards, eCFR)
• 28 C.F.R. Part 115, Subpart A (Adult Prisons and Jails)
• DOJ PREA Final Rule (Federal Register)
• PREA Audit Process (PREA Resource Center)
• BJA PREA Overview