Prison Rape Elimination Act (PREA)
Frequently Asked Questions
How does PREA impact Alabama Department of Youth Services (ADYS) Facilities?
- PREA helps detect, stop, and prevent sexual assault in Department of Youth Services (D.Y.S.) facilities across Alabama. The term “PREA” refers to the Prison Rape Elimination Act (pronounced: PREE uh). “D.Y.S.” refers to the Department of Youth Services.
- PREA requires agencies to collect and share information about cases where one juvenile harms another through sexual violence. In addition, it requires agencies to report cases where staff engage in sexual misconduct with juveniles in D.Y.S. custody.
To whom does PREA apply?
PREA applies to all public and private facilities that hold juvenile or adult offenders, whether they are male or female. In addition, PREA applies to facilities of every size, from the smallest residential program to large facilities that hold hundreds of juveniles.
What is the evidence of the ADYS’s commitment to maintain a safe, humane and appropriately secure environment for juveniles?
The Alabama Department of Youth Services (A.D.Y.S.) is committed to providing safe, humane, and properly secured environments for youth. To support this goal, all Department of Youth Services (D.Y.S.) staff receive specialized training.
On top of that, the agency’s employee conduct standards clearly forbid staff from becoming personally or inappropriately involved with juveniles. When needed, the agency takes disciplinary action and makes referrals to law enforcement.
As a result, when there is enough evidence to support the case, the A.D.Y.S. removes the employee and supports criminal prosecution.
How does PREA impact ADYS employees?
PREA addresses the safety of juveniles while they are in the custody of the Alabama Department of Youth Services (A.D.Y.S.). This includes protection from sexual assault, sexual harassment, any so called “consensual” sexual activity with employees, and sexual assault between juveniles.
In addition, PREA applies to the safety of juveniles and adjudicated offenders who are held within the criminal justice system. This includes jails, detention centers, non secure residential programs, and secure confinement facilities.
PREA requires agencies to collect and maintain data on several types of incidents. These include juvenile on juvenile sexual assaults, non consensual sexual acts, and sexual misconduct involving staff and juveniles.
Can the ADYS be sued for not complying with PREA?
No. PREA does not give individuals the right to file a lawsuit. However, states are already required by federal and state law to follow Constitutional standards and to protect the safety of juveniles in custody.
Similarly, every state has laws that prohibit sexual misconduct. Agencies and staff also have an ethical responsibility to keep both juveniles and employees safe.
Also, when a facility fails to protect juveniles who are incarcerated, the agency, supervisors, and staff can face civil liability. This liability can affect them both personally and professionally.
What are the consequences for not complying with PREA?
If A.D.Y.S. fails to comply with the final PREA National Standards for juveniles once they are issued, the State of Alabama will lose five percent of its federal funding for each year A.D.Y.S. does not meet the juvenile standards.
Why should I be concerned with sexual misconduct at a facility?
Sexual misconduct is not about sex. Instead, it is about safety and security. These two areas are put at risk whenever professional boundaries break down and a staff member becomes personal or intimate with a juvenile.
Moreover, staff sexual misconduct and juvenile on juvenile sexual assault weaken the mission of the Alabama Department of Youth Services (A.D.Y.S.). These actions create unsafe and unstable living and working environments for juveniles and for the staff who supervise them.
What about juveniles who either manipulate the system using PREA or make false allegations against staff?
Staff often worry that addressing PREA‑related issues in policy and procedure, and educating juveniles about their right to be safe in custody, might lead to false accusations or reports of staff misconduct. Investigators will thoroughly and promptly investigate all allegations, and they may prosecute individuals who make false reports.
What about juveniles who either manipulate the system using PREA or make false allegations against staff? What is the Alabama Department of Youth Services PREA Policy?
In compliance with Sections 115.311 and 115.322 of the Prison Rape Elimination Act (PREA) Standards, the Alabama Department of Youth Services (A.D.Y.S.) has established a zero tolerance policy for any incident of juvenile sexual assault, rape, or sexual harassment in its facilities.
Additionally, the A.D.Y.S. has created policies and procedures to ensure that all PREA Standards are followed in both A.D.Y.S. facilities and private contract service provider facilities.
Equally important, all allegations of sexual assault or sexual harassment that meet the PREA definitions are referred for investigation.
How do I report sexual abuse?
Should you have doubts, sexual abuse has happened at an A.D.Y.S./ private contract service provider facility, you have several options for reporting. You may call the
PREA Coordinator at 1-(334) 215-3827
Sexual Assault Hotline at 1-855-332-1594
Or, you may report the allegation to the Sheriff or Police Department in the location where the incident occurred. You may also report the information through the Third Party Reporting option for sexual abuse, sexual assault, or sexual harassment.
Please have any information or evidence ready for the investigator who is assigned to the case. In addition, all reports are taken seriously and are investigated according to PREA and Alabama Department of Youth Services (A.D.Y.S.) rules and procedures.
PREA Third Party Reporting Form
PREA Compliance Reports
PREA Resource Center