PA 15-218—HB 7048

Judiciary Committee

AN ACT CONCERNING PREVENTION, DETECTION AND MONITORING OF PRISON RAPE IN JUVENILE FACILITIES

SUMMARY: Within available appropriations, this act requires state and municipal agencies that incarcerate or detain juvenile offenders, including immigration detainees, to adopt and comply with the applicable standards recommended by the National Prison Rape Elimination Commission for preventing, detecting, monitoring, and responding to sexual abuse. The covered agencies are prisons, jails, community correction facilities, juvenile facilities, and lockups.

This requirement already applies to agencies incarcerating adult offenders.

EFFECTIVE DATE: October 1, 2015

STANDARDS

As with adult offenders, the act requires the covered agencies to adopt and comply with certain commission standards for juvenile offenders. These include:

1. establishing a zero tolerance policy on sexual abuse and notifying detainees, attorneys, contractors, and inmate workers of it;

2. providing heightened protection for vulnerable detainees;

3. limiting cross-gender viewing and searches;

4. properly training employees, volunteers, and contractors;

5. screening for risk of victimization and abusiveness;

6. establishing procedures for inmates, detainees, and third parties to report abuse;

7. giving inmates access to outside confidential support services or legal representation;

8. establishing the duty to investigate incidents and providing for criminal and administrative investigations;

9. establishing disciplinary sanctions for staff and inmates;

10. providing access to emergency and ongoing medical and mental health services for sexual abuse victims and abusers;

11. collecting and reviewing data for corrective action; and

12. auditing the standards.

BACKGROUND

National Prison Rape Elimination Commission

Congress created this commission to study the causes and consequences of sexual abuse in prison and develop standards to eliminate prison rape. The commission submitted its report in June 2009. The report included detailed standards to reduce sexual abuse of offenders in adult prisons and jails, juvenile detention facilities, facilities housing immigration detainees, lock-ups, and community corrections facilities.

In 2012, the U. S. Department of Justice adopted national standards in rules, although some provisions have not yet taken effect (28 CFR Part 115).

OLR Tracking: CR: ks: pf: bs