For The Prevention, Detection, Response, and Monitoring of
Sexual Abuse in:

Adult Prisons and Jails

GLOSSARY

The following terms are used throughout the standards, and agencies should note and understand the definitions of these terms as provided below to ensure proper compliance with the standards. The Commission wishes to draw special attention to the fact that the definitions of sexually abusive conduct that appear here differ from the definitions used by the Bureau of Justice Statistics (BJS). The Commission recognizes that the BJS definitions have been used by agencies for data collection purposes but has formulated somewhat different definitions to capture the full range of conduct the standards seek to address. Additionally, the Commission has deliberately excluded definitions for inmate-on-inmate indecent exposure and voyeurism. Legal definitions for indecent exposure and voyeurism rely on the concept of a sphere of privacy, and although inmates have a legally cognizable privacy interest, that interest is extremely limited by penological interests. Because the extent of inmates’ privacy rights necessarily varies according to legitimate penological needs, so too would the circumstances in which it would be appropriate to penalize inmates for indecent exposure and voyeurism, complicating the task of setting forth a clear policy and consistent practice of enforcement. The reality is that inmates are in states of undress around other inmates and staff on a regular basis, raising the possibility that inmates might be penalized for conduct that is part of the ordinary course of life in confinement.

Agency: The unit of a governing or corporate authority with direct responsibility for the operation of any facility that confines inmates or detainees, including the implementation of policy as set by the governing or corporate authority.

Agency head: The chief authority of a Federal, State, or local correctional or law enforcement system.

Allegation: An oral, written, or electronic statement that sexual abuse has occurred or might occur that is provided to a staff member or outside agency.

Audit: A thorough investigatory review of information, including written records and interviews with staff and inmates, to determine whether and the extent to which an agency’s and/or facility’s policies, practices, and protocols comply with the PREA standards.

Auditor: An individual or entity that the jurisdiction employs or retains by contract to perform audits. An auditor may also be authorized by law, regulation, or the judiciary to perform audits; however, an auditor cannot be an agency employee. An auditor is able and prequalified by the U.S. Department of Justice to perform audits competently and without bias. Prequalification does not require prior employment with any particular agency.

Contractor: A person who provides services other than direct services to inmates on a recurring basis according to a contractual agreement with the agency (e.g., maintenance contractors).

Credibility assessment: An investigator’s process of conducting interviews and weighing
evidence to determine the truthfulness of victim, witness, and suspect statements.

Critical incident: An occurrence or event, natural or human-caused, that requires an immediate response to protect life, facility safety, or property.

Cultural competence: The ability to work and communicate effectively with people of diverse racial, ethnic, religious, and social groups based on an awareness and understanding of differences in thoughts, communications, actions, customs, beliefs, and values.

Employee: A person who works directly for the agency or facility or a person who provides direct services to inmates in a facility on a recurring basis according to a contractual agreement with the agency (e.g., contracted medical and mental health providers or contracted food service providers).

Facility: A place, institution, building (or part thereof), set of buildings, or area (whether or not enclosing a building or set of buildings) that is used for the confinement of individuals. A facility may be owned by a public or private agency.

Facility head: The chief authority of an individual confinement facility operated by a Federal, State, or local correctional or law enforcement agency or by a private entity (whether for-profit or nonprofit).

Gender identity: A person’s internal, deeply felt sense of being male or female, regardless of the person’s sex at birth.

Gender nonconforming: A person whose gender identity and/or expression do not conform to gender stereotypes generally associated with his or her birth sex.

Immigration detainee: Any person who is in the actual or constructive custody of the Department of Homeland Security’s Immigration and Customs Enforcement (ICE), Customs and Border Protection, or the Office of Refugee Resettlement (ORR) pending conclusion of immigration proceedings. ICE houses some detainees in facilities that it owns and operates and contracts with local, State, Federal, and private facilities to hold others. Unaccompanied minors in immigration detention are under the care and custody of ORR and are housed in foster care, shelters, group homes, and secure juvenile detention centers. Customs and Border Protection detains both adults and youth for short periods of time in holding cells before they are moved into ICE custody.

Inmate: Any person incarcerated or detained in any adult facility.

Intersex: A condition usually present at birth that involves reproductive, genetic, or sexual anatomy that does not seem to fit the typical definitions of female or male.

Jurisdiction: A legal entity of government with geographic boundaries, such as the United States, a State, a county, or a municipal entity.

Lockup: A temporary holding facility of a Federal, State, or local law enforcement agency. Lockups include locked rooms, holding cells, cell blocks, or other secure enclosures under the control of a law enforcement, court, or custodial officer. Lockups are primarily used for the temporary confinement of individuals who have recently been arrested or are being transferred to or from a court, local jail, State prison, or other facility.

Medical practitioner: A health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified medical practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

Mental health practitioner: A mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified mental health practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

Need to know: A criterion for limiting access of certain sensitive information to individuals who require the information to make decisions or take action with regard to an inmate’s safety or treatment or to the investigative process.

Pat-down search: A superficial running of the hands over the body of an inmate by an employee to determine whether the inmate possesses contraband.

PREA coordinator: A senior-level position that reports directly to the agency head. The PREA coordinator’s responsibilities include developing, implementing, and overseeing the agency’s plan to comply with the PREA standards. He or she is also responsible for ensuring the completion of the assessment checklists in this body of standards. The PREA coordinator is a full-time position in all State prison systems and agencies that operate large jails (more than 500 inmates) but may be a part-time position in agencies that operate medium (101–500 inmates) and small jails (100 inmates or fewer).

Preponderance of the evidence standard: The standard of proof used in most civil cases that requires the party bearing the burden of proof to present evidence that is more credible and convincing than the evidence presented by the other party. This standard is satisfied if the evidence shows that it is more probable than not that an event occurred. Preponderance of the evidence is a lesser standard of proof than “beyond a reasonable doubt,” which is required to convict in a criminal trial.

Protocol: Written instructions that guide the implementation of policies.

Report: Any allegation of sexual abuse. See definition of allegation.

Security staff: Employees responsible for the supervision and control of inmates in housing units, recreational areas, dining areas, and other program areas of the facility.

Sexual abuse: Encompasses (1) inmate-on-inmate sexual abuse, (2) inmate-on-inmate sexual harassment, (3) staff-on-inmate sexual abuse, and (4) staff-on-inmate sexual harassment.

(1) Inmate-on-inmate sexual abuse: Encompasses all incidents of inmate-on-inmate sexually abusive contact and inmate-on-inmate sexually abusive penetration.

(2) Inmate-on-inmate sexual harassment: Repeated and unwelcome sexual advances, requests for sexual favors, verbal comments, or gestures or actions of a derogatory or offensive sexual nature by one inmate directed toward another.

(3) Staff-on-inmate sexual abuse: Encompasses all occurrences of staff-on-inmate sexually abusive contact, staff-on-inmate sexually abusive penetration, staff-on-inmate indecent exposure, and staff-on-inmate voyeurism. Staff solicitations of inmates to engage in sexual contact or penetration constitute attempted staff-on-inmate sexual abuse.

(4) Staff-on-inmate sexual harassment: Repeated verbal comments or gestures of a sexual nature to an inmate by a staff member. Such statements include demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

Staff: Employees and volunteers.

Strip search: A search that requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of such person.

Substantiated allegation: An allegation that was investigated and the investigation determined that the alleged event occurred.

Transgender: A term describing persons whose gender identity and/or expression do not conform to the gender roles assigned to them at birth.

Unfounded allegation: An allegation that was investigated and the investigation determined that the alleged event did not occur.

Unsubstantiated allegation: An allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether or not the event occurred.

Victim advocate: An individual, who may or may not be affiliated with the agency, who provides victims with a range of services during the forensic exam and investigatory process. These services may include emotional support, crisis intervention, information and referrals, and advocacy to ensure that victims’ interests are represented, their wishes respected, and their rights upheld.

Video monitoring system: An integrated security system consisting of installed cameras monitored by employees, which augments and/or enhances the ability of employees to provide the sight and sound supervision necessary to prevent, detect, contain, and respond to incidents of sexual abuse.

Visual body cavity search: A visual inspection of a body cavity, defined as a rectal cavity or vagina, for the purpose of discovering whether contraband is concealed in it.

Volunteer: An individual who donates his or her time and effort on a recurring basis to enhance the activities and programs of the agency.