National Prison Rape Elimination Commission commissioners

The National Prison Rape Elimination Commission (NPREC) was a

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panel established by the 2003 Prison Rape Elimination Act. The commission was charged with studying sexual assaults in U.S. jails and prisons and presenting a report based on its findings. The report was released in June 2009 and stated that approximately 60,000 U.S. inmates are sexually assaulted each year. NPREC

sunsetted In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law ...

on August 22, 2009.

Mission

The NPREC was charged with studying federal, state and local government policies and practices concerning

sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...

s and crimes within the prison and jail systems. The study culminated with the release of the aforementioned report on its findings, conclusions and recommendations to the

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, the U.S. Attorney General and other state and federal officials.

History

The National Prison Rape Elimination Commission (NPREC) was established when President George W. Bush signed the

Prison Rape Elimination Act of 2003 The Prison Rape Elimination Act of 2003 (PREA) is the first United States federal law intended to deter the sexual assault of prisoners. The bill was signed into law on September 4, 2003. Background Public awareness of prison rape is relativel ...

(PREA) on September 4 of that year. The commissioners were appointed in June 2004. The commission was a major component of the PREA legislation and it was given

subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...

powers as well as authorization to conduct a broad based study of

prison rape Prison rape or jail rape refers to sexual assault of people while they are incarcerated. The phrase is commonly used to describe rape of inmates by other inmates, or to describe rape of inmates by staff. China In February 2021, BBC News repo ...

in the United States. In 2005 the commission received a federal earmark of US$987,000 to begin the implementation of the mandated provisions of the 2003 law that established the panel. The panel obtained information from a variety of sources, including a round of public hearings in locations nationwide. The first public hearing was held in

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on March 31, 2005. Hearings continued into at least late 2007 in other locations, including

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New Orleans New Orleans ( , ,New Orleans

, and

San Francisco San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17t ...

, where commissioners heard from victims of prison rape as well as federal lawmakers. After seeking outside input from aforementioned sources and others the commission announced the release of "draft standards for the reduction of prison rape" on May 5, 2008. Following a public comment period the standards were eventually incorporated into the final report. The panel's original period of existence was until three years after its inception, when it would release its report.

, The miscellaneous provisions the Second Chance Act of 2007, largely a law designed to help reintegrate criminal offenders into the community, extended the existence of the NPREC from 3 years to 5 years after its inception date. Per the legislation that established the commission NPREC

sixty days after the report was released,National Prison Rape Elimination Commission Releases Report
, (

Press release A press release is an official statement delivered to members of the news media for the purpose of providing information, creating an official statement, or making an announcement directed for public release. Press releases are also considere ...

), ''

California Coalition Against Sexual Assault ValorUS, formerly the California Coalition Against Sexual Assault (CALCASA), is a Nonprofit organization, nonprofit membership association of rape crisis centers in the United States, rape crisis centers and sexual assault prevention programs in t ...

'', June 24, 2009, accessed July 1, 2009. which was August 22, 2009.

Members

Upon its creation the panel consisted of nine members, three presidential appointees and six Congressional appointees. The official NPREC web site listed eight commissioners, including a

chairman The chairperson, also chairman, chairwoman or chair, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the group ...

and a vice-chair. The chairman was Judge Reggie B. Walton of the

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United States District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district co ...

. The vice-chair was John A. Kaneb; the other six members were: James E. Aiken,

Jamie Fellner Jamie Fellner is senior counsel for the United States Program of Human Rights Watch. The U.S. Program focuses on human rights violations within the United States. From 2004-09, she also served on the U.S. National Prison Rape Elimination Commissi ...

Pat Nolan Patrick James Nolan (born June 16, 1950) is an American lawyer, politician and conservative activist. Political career In 1978, Nolan was elected to the California State Assembly, serving the 41st district comprising Glendale, Burbank, Toluc ...

, Gus Puryear, Brenda V. Smith, and

Cindy Struckman-Johnson Cindy Struckman-Johnson is a professor of psychology at the University of South Dakota in Vermillion, South Dakota. She was also a commissioner on the National Prison Rape Elimination Commission. Education Struckman-Johnson received her doctorat ...

Report and recommendations

In late June 2009 NPREC released its mandated report. The report cited data that showed each year in the U.S. detention facilities (jails, prisons, et al.) 60,000 inmates are sexually abused.Kerr, Jennifer C.
States could lose money over prison rapes
, ''

The Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newsp ...

'', June 23, 2009, retrieved July 1, 2009. The report noted that too often prison rape is seen as a joke rather than the problem it represents. NPREC Commissioner Brenda V. Smith stated that sexual abuse in prison or jail is not a random event that can only "happen to other bad people", she added that the commission heard harrowing tales from victims, some of whom spent only one night in custody.Johnson, Carrie.
Panel Sets Guidelines For Fighting Prison Rape
, ''

Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large na ...

'', June 23, 2009, retrieved July 1, 2009. The report set out a series of recommendations aimed at curbing the number of rapes in U.S. incarceration facilities. Among the recommendations were better staff training in recognizing assaults, addressing overcrowding, and providing proper mental health care and medical care for victims. In addition NPREC recommended that harsher penalties exist for staff who engage in assault or contribute to a permissive atmosphere.Moore, Solomon.
Panel to Issue Standards to Reduce Prison Rapes
, ''

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'', June 22, 2009, retrieved July 1, 2009. There were other findings presented in the report as well. NPREC found that inmates who are short, gay, young, or female were victims of

more often than other groups of inmates. The NPREC report also showed that inmate reports of sexual violence are not always taken seriously by staff and, thus, not always reported to the proper authorities. The report's finding that 2.9 percent of inmates reported

sexual abuse Sexual abuse or sex abuse, also referred to as molestation, is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another. Molestation often refers to an instance of sexual assa ...

by staff versus 2.0 percent of inmates who reported rape by other prisoners was called surprising by commission chair Reggie Walton.Judge Reggie Walton, National Prison Rape Elimination Commission, Chairman
, Video segment, ''

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'', " Washington Journal", June 30, 2009, retrieved July 2, 2009. Walton was specifically surprised by the incidence of male staff on male inmate sexual assault. Following its release, the report was sent to U.S. Attorney General

Eric Holder Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd Attorney General of the United States from 2009 to 2015. Holder, serving in the administration of President Barack Obama, was the first African Amer ...

. Holder has one year to develop national standards, based on NPREC's report, for reducing prisoner rape.U.S. panel urges curb on prison rape
, ''

United Press International United Press International (UPI) is an American international news agency whose newswires, photo, news film, and audio services provided news material to thousands of newspapers, magazines, radio and television stations for most of the 2 ...

'', June 23, 2009, retrieved July 2, 2009. The national standards will then be presented to the states. States are not required to comply with the standards but those that do not risk a five percent federal prison funding decrease.

References

External links

{{wikisource, Prison Rape Elimination Act of 2003
Official websiteReport and Standards
NPREC Report, released June 23, 2009 United States federal boards, commissions, and committees Prison rape in the United States