PREA Frequently Asked Questions (FAQ's)
- What is PREA?
The Prison Rape Elimination Act (PREA) is a federal law, Public Law 108-79, signed into law in September 2003. PREA establishes a zero-tolerance standard against sexual assaults and rapes of incarcerated persons of any age. This makes the prevention of sexual assault in San Diego County Probation Department's facilities a top priority. PREA sets a standard that protects the Eighth Amendment right (constitutional right prohibiting cruel or unusual punishment) of federal, state, and local youth offenders. It also increases collection of nationwide data on sexual misconduct and sexual assaults on confined persons. It increases accountability for administrators who fail to prevent, reduce, and punish sexual misconduct and sexual assaults.
- How does PREA impact San Diego County Probation Department Juvenile correctional facilities?
PREA requires all San Diego County Probation employees who may have contact with youth detained in its facilities to be trained of their responsibilities under the department's PREA policy on how to prevent, detect, and respond to any knowledge, suspicion, or reported incidents of sexual abuse and/or sexual harassment. Youth are also advised of their right to be free from sexual abuse or sexual harassment, how to report any knowledge or suspicion of sexual abuse and/or sexual harassment in Probation's juvenile facilities.
- How can a youth detained in a San Diego County Probation Department Juvenile Facility report a PREA incident?
Youth detained in a San Diego Probation Department's Juvenile Facility can report PREA incidents by telling any staff member they trust, filing a grievance, filling out a mental health or medical referral (sick call slip), requesting to speak with the site PREA Compliance Manager, or contacting the Probation Department's Ombudsman/PREA Coordinator.
- How can a parent or third party report a PREA incident?
A parent or third party can call any of the department's juvenile facilities and report their concerns to any staff or report via the department web site, under Commendations and Complaints.
- To whom does PREA apply?
PREA applies to all public and private institutions that house juvenile and/or adult offenders, male or female.
- Who can I call if I have questions relating to PREA?
Most PREA related questions could be answered by calling (858) 514-3161 and requesting to speak to the Probation Department's Ombudsman/PREA Coordinator. Or, call the juvenile facility directly and ask for the PREA Compliance Manager who can answer any questions relating to PREA. - Camp Barrett: (619) 401-4900 - East Mesa Juvenile Detention Facility: (619) 671-4400 - Girl's Rehabilitation Facility: (858) 694-4510 - Kearny Mesa Juvenile Detention Facility: (858) 694-4500
Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:
Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the inmate, detainee, or resident:
Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of an inmate, detainee, or resident by staff for reasons unrelated to official duties, such as peering at an inmate who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmate's naked body or of an inmate performing bodily functions.
Sexual harassment includes: