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Prison Rape Elimination Act (PREA) proposed standards table 3--policies and procedures.

PRISON RAPE ELIMINATION ACT PREA PROPOSED STANDARDS
TABLE 3--POLICIES AND PROCEDURES

SYSTEM          CURRENTLY      SEXUAL ASSAULT        VULNERABLE
                INCORPORATING  WRITTEN INFORMATION   INMATE
                CHANGES        METHOD PROVIDED TO    DOCUMENTATION
                               INMATES               METHODS IN
                                                     PLACE

ALABAMA         Yes            At intake;            Yes. hard copy
                               periodically during
                               incarceration:
                               poster displays

ALASKA          Yes            No                    No

ARIZONA         Yes            During orientation    Yes. electronic
                                                     data and hard
                                                     copy

ARKANSAS        Being drafted  At intake             Yes, electronic
                                                     data

CALIFORNIA      No response

COLORADO        Yes            At intake             Yes, electronic
                                                     data and hard
                                                     copy

CONNECTICUT     Yes            At intake and         Yes, electronic
                               orientation; posted   data and hard
                               in facilities         copy

DELAWARE        Yes            At booking and        Yes, electronic
                               intake and at first   data and hard
                               visit with a          copy
                               counselor

FLORIDA         Yes            At intake and during  No, being
                               orientation           developed

GEORGIA         Yes            During diagnostic     Yes. electronic
                               process and facility  data
                               orientation

HAWAII          Yes            No                    No

IDAHO           No response

ILLINOIS        No response

INDIANA         Yes            At intake; in         Yes. electronic
                               housing units:        data and hard
                               available in all      copy
                               facilities

IOWA            No             At intake and         Yes. electronic
                               transfer to a new     data
                               facility

KANSAS          No response

KENTUCKY        No             At intake             No

LOUISIANA       Yes            At intake and upon    Yes. electronic
                               intra-facility        data
                               transfer

MAINE           Yes            At intake, in all     Yes. electronic
                               handbooks and upon    data and hard
                               transfer to new       copy
                               facility

MARYLAND        No             At intake             Yes, electronic
                                                     data and hard
                                                     copy

MASSACHUSETTS   Yes            At intake and upon    Yes, electronic
                               intra-facility        data and hard
                               transfer              copy

MICHIGAN        Yes            At intake or at       No, informally
                               assigned facility     on a
                                                     case-by-case
                                                     basis

MINNESOTA       Yes            At intake; upon       Yes, hard copy
                               transfer; available   files
                               in housing units and
                               the library

MISSISSIPPI     No             At intake and upon    Yes. electronic
                               arrival at permanent  data and hard
                               housing               copy files

MISSOURI        Yes            Within first seven    No
                               days of arrival at a
                               reception or
                               diagnostic center

MONTANA         Yes            At intake             Yes. not
                                                     specified

NEBRASKA        Yes            In reception center   Yes, electronic
                                                     data and hard
                                                     copy

NEVADA          Yes            No                    No

NEW HAMPSHIRE   Yes            At intake and during  Yes, electronic
                               subsequent sessions   data and hard
                                                     copy

NEW JERSEY      Yes            At reception          Yes, electronic
                                                     data

NEW MEXICO      Yes            At reception and      Yes, hard copy
                               diagnostic center

NEW YORK        Yes            At reception and      Yes, electronic
                               upon each transfer    data

NORTH CAROLINA  No response

NORTH DAKOTA    Yes            At                    Yes. electronic
                               intake/orientation    data

OHIO            No             At                    Yes, electronic
                               intake/orientation    data

OKLAHOMA        Yes            At orientation and    Yes, electronic
                               at each facility      data and hard
                                                     copy

OREGON          Yes            At intake and         Yes, electronic
                               available in legal    data and hard
                               libraries             copy

PENNSYLVANIA    Yes            At                    No
                               intake/orientation
                               and at annual
                               review

RHODE ISLAND    Yes            At intake/reception   Yes, electronic
                               and upon transfer     data and hard
                                                     copy

SOUTH CAROLINA  No             Video orientation     Yes. electronic
                                                     data

SOUTH DAKOTA    No             At                    Yes, electronic
                               intake/orientation    data and hard
                                                     copy

TENNESSEE       Yes            At classification     Yes. electronic
                               and with posters      data and TOMIS
                                                     information
                                                     services

TEXAS           Yes            At intake; upon       Yes. electronic
                               transfer; posted in   data and hard
                               common areas          copy

UTAH            No response

VERMONT         No response

VIRGINIA        No             At intake             Yes. electronic
                                                     data

WASHINGTON      Yes            At prison and         Yes, electronic
                               community             data
                               supervision intake;
                               upon transfers;
                               brochures and
                               posters readily
                               displayed

WEST VIRGINIA   Yes            At intake             Yes, electronic
                                                     data and hard
                                                     copy

WISCONSIN       Yes            At initial            Yes. electronic
                               orientation with a    data and
                               PREA handbook and     through a
                               with pamphlets and    statewide
                               posters readily       Sexual Assault
                               displayed (3)         Response
                                                     Protocol

WYOMING         Yes            At intake: via a      Yes. electronic
                               PREA hotline;         data and hard
                               pamphlets available   copy

SYSTEM          VULNERABLE     PROCEDURES          PREPARATORY
                INMATE         PROBLEMATIC         CROSS-GENDER
                PROTECTION     COMPLIANCE FACTORS  CHANGES MADE FOR
                METHOD IN      IF APPLICABLE       VIEWING/SEARCHING
                PLACE

ALABAMA         Yes            None                No

ALASKA          Yes            Staff ratio, male   No
                               to female

ARIZONA         Yes            None                No; already covered
                                                   in current
                                                   policies

ARKANSAS        Yes            Yes; viewable       No
                               bathrooms by
                               security staff
                               required to make
                               rounds

CALIFORNIA

COLORADO        Yes            Transgender is a    No
                               clinical diagnosis
                               with no tracking
                               or identification
                               system and is
                               confidential and
                               not accessible to
                               pat searches
                               staff

CONNECTICUT     Yes            Staff ratios; only  No
                               pat searches
                               currently are
                               done

DELAWARE        Yes            None                No

FLORIDA         Being          None                No. not necessary
                developed via
                a grant
                application

GEORGIA         Yes            None                No. not necessary

HAWAII          No             None                No

IDAHO
ILLINOIS

INDIANA         Yes            Potentially         Yes. elimination of
                               displace female     frisk searches
                               staff no longer     except in cases of
                               able to work        emergency for both
                               certain posts and   staff and inmates
                               require hiring
                               additional male
                               staff

IOWA            No             Violation of labor  No
                               contracts and the
                               civil rights of
                               staff

KANSAS

KENTUCKY        No             None                No

LOUISIANA       Yes            Cross-gender        No
                               staffing patterns,
                               and the security
                               risk of privacy
                               panels

MAINE           Yes            None                Yes. allowing for
                                                   pat searches of
                                                   males but is not
                                                   permitted with
                                                   female inmates

MARYLAND        Yes            Staffing problem    No
                               only in the area
                               of pat searches
                               due to having more
                               female officers
                               than males in some
                               facilities

MASSACHUSETTS   Yes            None                No

MICHIGAN        Yes            The layout of each  No
                               housing
                               unit/facility is
                               different and will
                               be difficult to
                               modify cells,
                               showers, etc, to
                               meet requirements

MINNESOTA       Yes            Staffing concerns   No
                               and potential
                               legal concerns if
                               significant
                               restrictions are
                               placed on viewing
                               and searches

MISSISSIPPI     Yes            None                Yes. policy
                                                   revision that
                                                   females could pat
                                                   search males but
                                                   males could not pat
                                                   search females;
                                                   same-sex staff
                                                   required to conduct
                                                   strip search

MISSOURI        No             The need for        Yes. cross-gender
                               privacy panels and  strip searches only
                               ways to maintain    allowed in
                               confidentiality of  emergency
                               prior victims of    situations and all
                               cross-gender        security staff are
                               sexual abuse        trained to conduct
                                                   pat searches in a
                                                   professional
                                                   manner

MONTANA         Yes            None                No

NEBRASKA        Yes            None                No

NEVADA          No             None                No

NEW HAMPSHIRE   Yes            None                No

NEW JERSEY      Yes            None                Yes

NEW MEXICO      Yes            Would require       No
                               replacing female
                               officers who
                               already work in
                               the units with
                               male officers

NEW YORK        Yes            Causal limitations  No; policies
                               involved with       already in place in
                               respect to          the New York
                               nonemergency pat    system
                               searches (1)

NORTH CAROLINA

NORTH DAKOTA    Yes            None                No

OHIO            Yes            None                No

OKLAHOMA        Yes            None                No

OREGON          Yes            None (2)            Yes. privacy
                                                   screens were added

PENNSYLVANIA    Yes            Identifying         No
                               previous victims
                               and methods to
                               alert staff; issue
                               is breaching
                               confidentiality.
                               which can lead to
                               safety and
                               security concerns
                               as well as labor
                               relations issues

RHODE ISLAND    Yes            None                No

SOUTH CAROLINA  Yes            None                No

SOUTH DAKOTA    Yes            Restrictions would  No
                               be placed on
                               female officers
                               working in men's
                               facilities

TENNESSEE       Yes            None                No

TEXAS           Yes            Due to equal        No
                               employment
                               opportunity. some
                               standards could
                               create an issue
                               regarding
                               fulfillment of
                               required job
                               duties.

UTAH

VERMONT

VIRGINIA        Yes            Having only female  No
                               officers search
                               female offenders
                               in women's
                               facilities; unable
                               to accommodate
                               standard for those
                               previously abused
                               during the process
                               because of
                               difficulty in
                               identification

WASHINGTON      Yes            Implementing        No
                               requirements
                               without breaching
                               confidentiality
                               associated with
                               allegations and
                               investigations,
                               unless the agency
                               bans ail cross
                               gender pat
                               searches

WEST VIRGINIA   Yes            None                No

WISCONSIN       Yes            None                No (clearly
                                                   outlined in
                                                   adoption of 2003
                                                   standards)

WYOMING         None           None                Yes, in cases of
                                                   extreme emergency

(1.) NEW YORK: The department believes that male inmates rarely complain
about cross-gender pat searches, absent a religious

(2.) OREGON: The proposed revision still will be a concem on exemptions
from the pat searches and how that would be disseminated down to the
line staff.

(3.) WISCONSIN: The PREA han dbook is online for inmates families and
the community to access a PREA hotime also is available for inmates
to access at no cost to them.
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Publication:Corrections Compendium
Date:Sep 22, 2011
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