Standard 115.52 (d)(1) states: “The agency shall issue a final agency decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance.” If the agency has a grievance appeals process with one
The “final agency decision” must be issued at the highest level of appeal available to the inmate who has filed the grievance, and it must be issued within 90 days of the initial filing of the grievance, not counting the time the inmate takes to prepare an appeal at any level.
PREA Standard 115.52 (a) states: “An agency shall be exempt from this Standard if it does not have administrative procedures to address inmate grievances regarding sexual abuse.” What does an agency need to demonstrate in order to qualify for this
An agency that has an inmate grievance process or any other administrative remedies process is only exempt from Standard 115.52 if it can demonstrate that as a matter of written agency policy, grievances related to sexual abuse or allegations of sexual abuse (i.e., allegations of sexual abuse, a fear of sexual abuse, or allegations of mishandling of an incident of sexual abuse) are immediately converted to investigations that are outside of the agency’s administrative remedies process, and are not considered by the agency to be grievances.
PREA Standard 115.52 (a) and (b) use the language “grievances regarding sexual abuse” or “grievances regarding an allegation of sexual abuse.” What constitutes a grievance “regarding” sexual abuse or an allegation of sexual abuse?
For Standard 115.52 (a) and (b), a grievance regarding an incident or allegation of sexual abuse is any grievance that is about a potential or past incident, or allegation, of sexual abuse. A grievance that alleges a fear of imminent sexual abuse, a grievance that alleges an incident of sexual abuse, or a grievance that alleges the mishandling of a report of sexual abuse are all grievances “regarding allegations of sexual abuse.”
The OAS agency audit
The PREA Online Audit System (OAS) allows users to complete facility or agency audits. The agency audit focuses on the audit of certain PREA Standards and provisions that either impose a burden solely on the confinement agency or for which the responsibility may be shared by the agency and its operated facilities. The results of an agency audit will be valid only for one year following the completion of the agency audit, and any facility audits initiated during that audit will benefit from the agency-level findings. If the agency audit becomes out of date, those Standards that are part of the agency audit will automatically become the responsibility of each facility auditor.
Facility audits within that agency will not include a re-audit of those Standards and provisions that cover operations conducted solely by the agency or central office. However, certain Standards or provisions that are part of the agency audit may be re-audited at the facility level, if the facility has some responsibility separate from the agency's responsibility for those Standards or provisions. For example, if an agency has a collective bargaining agreement governed by Standard 115.66, but facilities within that agency have their own collective bargaining agreements with their staff, those facility agreements will have to be audited during the facility audit. If there are no separate facility agreements (i.e., the facility has no shared responsibility for the collective bargaining agreements), as determined by the facility auditor, then that Standard need not be audited at the facility level.
The OAS allows for the seamless sharing of specific information across audits within an agency, and allows an agency audit to suffice where only agency operations are implicated — thus creating tremendous efficiencies for auditors and agency- and facility-based staff who are responsible for preparing for an audit.
Use of the agency audit feature in the OAS also allows agencies to share extensive information prior to facility audits, without having to send that information separately to each facility. Once agency-level information is completed in the OAS, that information is available to each facility associated with the agency. When facility-based audit preparation begins, the facility PREA Coordinator or PREA Compliance Manager can pull relevant agency policies and information into the Pre-Audit Questionnaire for their facility audit. This reduces the burden on the facility and ensures that agency-level information is consistent across all facilities that benefit from the agency audit in a given year.
Agency audit standards
The agency audit is an audit of a limited number of PREA Standards that regulate operations and behaviors that take place solely at the agency or central office level, or that are a shared responsibility between the agency and its operated facilities. These Standards are:
- 115.11(b) PREA Coordinator
- 115.12 Contracting with other entities for the confinement of inmates
- 115.17 Hiring and promotion decisions
- 115.66 Preservation of ability to protect inmates from contact with abusers
- 115.87 Data collection
- 115.88 Data review for corrective action
- 115.89 Data storage, publication, destruction
- 115.401(a) and (b) Frequency and scope of audits
- 115.403(f) Audit content and findings
The OAS agency audit
The PREA Online Audit System (OAS) allows users to complete facility or agency audits. The agency audit focuses on the audit of certain PREA Standards and provisions that either impose a burden solely on the confinement agency or for which the responsibility may be shared by the agency and its operated facilities. The results of an agency audit will be valid only for one year following the completion of the agency audit, and any facility audits initiated during that audit will benefit from the agency-level findings.