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September / October 2009
Volume 21, Number 5

News you can use

TAC Schedules Regional Workshops on Prison Rape Elimination Act, Associated Financial and Operational Concerns for Counties

A new federal law intended to diminish sexual conduct in jails and other lockups could expose counties to tremendous financial liability and litigation unless steps are taken prior to the law’s formal implementation in the next year.

To address issues raised by the new Prison Rape Elimination Act (PREA), T AC is preparing to host regional workshops in December. T he workshops will be done in a “train-the-trainer” fashion. Due to funding constraints, attendance is restricted to one person per county. T his designated trainer, after the workshop, returns to their county to train fellow law enforcement officers.

Registration is offered online at www.county.org for the following workshop locations:

• Dec. 1 in Amarillo;
• Dec. 3, in Midland;
• Dec. 4 in Abilene;
• Dec. 7 in Huntsville;
• Dec. 8 in Tyler; and
• Dec. 10 in Corpus Christi.

The class is a one-day, eight-hour session taught by Elizabeth Layman, a consultant working with the Center for Innovative Public Policies. Participants will receive eight hours of TCLEOSE credit.

Congress passed PREA unanimously, and it was signed by President George W. Bush in 2003. The law created a PREA commission tasked with studying the issue and returning with recommendations. The final version was released this past June. The U.S. Attorney General’s office has a year from June to make any changes or approve the whole set of standards and enact the law. Law enforcement agencies, subsequently, have a year to be in compliance.

The new law, which is expected to be approved without many changes by the U.S. Attorney General’s office, affects all lock-up facilities from jails to prisons, and includes inmate-on-inmate abuse, staff-oninmate abuse and sexual abuse by visitors or volunteers.

While there will be some funds for training, there is concern that there is not money allocated to cover the operational changes necessary to be in compliance with PREA.

“This law requires us to do a whole lot with no money,” said Steve Chalender, TAC law enforcement specialist. “There is some educational funding, which will help us subsidize our workshops. But there is so much more that will require county financial support to achieve compliance with PREA.”

If the law passes in the current form, counties will be expected to hire an outside auditor every three years to ensure their jail facility is in compliance. Counties will also maintain data regarding arrestee abuse, sexual misconduct and more.

“There will be an economic and operational impact on counties because of PREA,” Chalender said.