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PREA Frequently Asked Questions (FAQ's)

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What is PREA?
How does PREA impact San Diego County Probation Department Juvenile correctional facilities?
To whom does PREA apply?
Who can I call if I have questions relating to PREA?
What is a PREA incident?
How can a youth detained in a San Diego County Probation Department Juvenile Facility report a PREA incident?
How can a parent or third party report a PREA incident?
What happens when an allegation of sexual abuse is reported?
Does the department offer victim support?
How can I learn more regarding the National Standards to Prevent, Detect, and Respond to Prison Rape under the Prison Rape Elimination Act?

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.

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

        Juvenile Ranch Facility:  (619) 401-3500

        Kearny Mesa Juvenile Detention Facility:  (858) 694-4500

What is a PREA incident?

Sexual abuse includes:

  1. Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident; and
  2. Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer.

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:

  1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
  2. Contact between the mouth and the penis, vulva, or anus;
  3. Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
  4. Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.

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:

  1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
  2. Contact between the mouth and the penis, vulva, or anus;
  3. Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  4. Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  5. Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  6. Any attempt, threat, or request by a staff member, contractor, of volunteer to engage in the activities described in paragraphs 1-5 of this section;
  7. Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident, and
  8. Voyeurism by a staff member, contractor, or volunteer.

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:

  1. Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate, or detainee, or resident directed toward another; and
  2. Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

 

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.

What happens when an allegation of sexual abuse is reported?

The local law enforcement is contacted for a possible investigation into the allegation of sexual abuse.  The department will also conduct an administrative review/investigation into all PREA allegations made against any staff within the department's juvenile facilities.

Does the department offer victim support?

Youth may request to speak with a mental health or medical staff at the detention facilities.

Victims may choose to obtain support in the community.  The following resource centers are available to youth.

Resource Center:Address:Phone Number(s):
211 San DiegoP.O. Box 420039
San Diego, CA 92142
(800) 227-0997
Center for Community Solutions4508 Mission Bay Drive
San Diego, CA 92109
(858) 272-5777
San Diego DV Links1122 Broadway, Suite 200
San Diego, CA 92102
(888) 385-4657
Sexual Assault Prevention and Response (SAPR) Fleet and Family Support Center (active and retired military, active duty reservists)Naval Base San Diego
3455 Senn Road
San Diego, CA 92136-5084
DoD Safe Helpline:  (877) 995-5247
NBSD 24/7 Victim Advocate (VA) Hotline:  (619) 279-2904
Sure Helpline Crisis Center, 24-hour Sexual Assault Support395 Broadway Avenue, Suite 2
El Centro, CA 92243
(760) 352-7273
Woman's Resource Center1963 Apple Street
Oceanside, CA 92054
(760) 757-3500

 

How can I learn more regarding the National Standards to Prevent, Detect, and Respond to Prison Rape under the Prison Rape Elimination Act?

A copy of the final rule can be obtained at:  http://www.ojp.usdoj.gov/programs/pdfs/prea_final_rule.pdf