Standard 115.73 (c) requires that following an inmate’s allegation that a staff member has committed sexual abuse against the inmate, the agency shall subsequently inform the inmate (unless the agency has determined that the allegation is unfounded)
September 8, 2023
For the purposes of this FAQ, a “post” is considered an established work assignment within a facility that an employee may be given for an entire shift or part of a shift that may include a specific physical location(s) within the facility. These posts may be assigned, or selected at the beginning of each shift, or staff may bid on these posts as part of a collective bargaining agreement. Agencies should be mindful of the requirements of standard 115.66 (a) and its relatedness to this question.
If following a state or local law, administrative policy, labor agreement, directive, or any other rule prevents an agency from complying with a PREA Standard, should the agency or facility be considered compliant or non-compliant with the Standard for fo
August 21, 2023
An agency should be considered to be noncompliant with a PREA Standard if the agency elects to follow another authority and therefore fails to comply with the Standard. It makes no difference whether the other authority was adopted before or after the date of the promulgation of the PREA Standards.
The PREA Standards were designed to operate in conjunction with state and local laws.