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The Obama administration on May 17
issued mandatory screening, enforcement, and prevention regulations to reduce
the number of inmates sexually victimized in correctional settings. Federal,
state, and local officials must adopt a “zero tolerance” policy on prison rape,
the administration said.
The rules, which have been in
development since Congress passed the Prison Rape Elimination Act of 2003, are
immediately binding on federal prisons. States that do not comply will face the
loss of 5 percent of their Department of Justice (DOJ) prison funds unless the
governor certifies that an equal amount is being spent to bring the state into
compliance. Organizations that accredit prisons will be barred from receiving
federal grants unless their processes include similar anti-rape standards,
meaning that noncompliant local jails could lose their accreditation.
The president said the standards
apply to all federal confinement facilities; all other agencies with
confinement facilities - including the Homeland Security Department, which
operates immigrant detainment facilities - are required to put anti-rape
protocols in place within a year. This drew objections from some immigration
advocates, who denounced the idea that HSD would be permitted to develop its
own rules instead of following those of DOJ.
The new regulations: stipulate that
inmates be screened for the potential of sexual victimization, and that this
information be used in assigning housing and work; require employee background
checks; and prohibit abusers from being hired. Firing is the presumptive
punishment for employees who violate the blanket ban on sexual contact between
staff and inmates.
Cross-gender pat-downs of female and
juvenile inmates are banned. Juvenile inmates must be held separately from
adult inmates; evidence must be preserved after incident reports; anonymous and
outside-prison reports of sexual victimization are permitted; and facilities
must have plans for adequate staffing and video monitoring.
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
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