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2012
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National Standards to Prevent, Detect, and Respond to Prison Rape
U.S. Dept. of Justice. Office of Legal Policy (Washington, DC).
The goal of this final rule is to prevent, detect, and respond to sexual abuse in adult prisons and jails, lockups, community-based facilities, and juvenile facilities. It was created in response to the Prison Rape Elimination Act (PREA). “In drafting the final rule, the Department balanced a number of competing considerations. In the current fiscal climate, governments at all levels face budgetary constraints. The Department has aimed to craft standards that will yield the maximum desired effec... Read More
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268 pages
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2012
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Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA)
By Feder, Jody; Brougher, Cynthia.
Congressional Research Service (Washington, DC).
The impact of the Employment Non-Discrimination Act (ENDA) on employment practices related to sexual orientation and gender identity is explained. “Introduced in various incarnations in every congressional session since the 103rd Congress, the proposed Employment Non-Discrimination Act (ENDA; H.R. 1397/S. 811) would prohibit discrimination based on an individual’s actual or perceived sexual orientation or gender identity by public and private employers in hiring, discharge, compensation, and oth... Read More
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11 pages
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2012
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LGBT People and the Prison Rape Elimination Act
National Center for Transgender Equality (Washington, DC).
The application of the Prison Rape Elimination Act (PREA) standards to situations involving LGBT people is explained. This is a great overview for correctional staff. Sections of this document address: a crisis of sexual abuse in confinement; the most important protections for LGBT offenders being screening and classification, housing transgender people, protective custody, segregated LGBT pods or units, searches, minors in adult facilities, staff training, reporting abuse, support for survivors... Read More
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6 pages
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2011
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Prisoner Reentry and the Uniform Collateral Consequences of Conviction Act
By Periman, Deborah.
University of Alaska Anchorage. Justice Center (Anchorage, AK).
“The Uniform Collateral Consequences of Conviction Act, designed to facilitate offender reentry throughout the United States, is model legislation by the National Conference of Commissioners on Uniform State Laws (NCCUSL).” Sections of this article include: background; overview of the collateral consequences problem and the proposed act; operative provision of the 2010 Uniform Act; implications for Alaska; estimated number of adults under correctional supervision in Alaska and the U.S. by correc... Read More
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5 pages
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2011
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Frequently Asked Questions: Implications of the Federal Health Legislation on Justice-Involved Populations
By DiPietro, Barbara.
U.S. Bureau of Justice Assistance (Washington, DC).
Council of State Governments. Justice Center (New York, NY).
The impact of the Patient Protection and Affordable Care Act (PPACA) on justice-involved individuals is explained. This publication “address[es] how the health reform legislation expands these adults’ eligibility for Medicaid and what services will be made available, the requirements and exemptions specified by the legislation, and how enrollment will take place” (p. 1). Answers range from what the common barriers to receiving health insurance for this population are to how corrections officials... Read More
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9 pages
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2010
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Hearing on: H.R. 3335, the "Democracy Restoration Act of 2009"
U.S. Congress. House of Representatives. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties (Washington, DC); LexisNexis. CQ Transcriptions (Washington, DC).
Access to an often enthusiastic discussion on felons’ right to vote can be accessed at this website. A video webcast and witness testimonies are available. A transcript of the hearing is also available from The Sentencing Project.... Read More
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1 p. + 39 p.
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2010
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Pharmacist's Manual: An Informational Outline of the Controlled Substances Act, Revised 2010
U.S. Dept. of Justice. Drug Enforcement Administration. Office of Diversion Control (Washington, DC).
“This manual has been prepared … as a guide to assist pharmacists in their understanding of the Federal Controlled Substances Act and its implementing regulations as they pertain to the pharmacy profession.” Your pharmacist will know the ins and outs of these guidelines, but it is important that corrections administrators are aware that this information is available. Improprieties in pharmacy services may be curtailed if this document is part of the pharmaceutical services contract or policy man... Read More
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5 pages
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2010
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Paragraph 13663. Ineligibility of dangerous sex offenders for admission to public housing
U.S. Congress (Washington, DC); Cornell University. Law School. Legal Information Institute (LII) (Ithaca, NY).
“Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program.”... Read More
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3 pages
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2009
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United States v. Comstock
U.S. Court of Appeals (4th Circuit).
The Fourth Circuit unanimously affirmed the district court's decision that 18 U.S.C. 4248 of the Adam Walsh Act is unconstitutional. The federal government does not have the authority to enact U.S.C. 4248 which concerns the civil commitment of sex offenders following their incarceration.... Read More
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19 p.
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2009
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Rebuilding the Infrastructure for At-Risk Youth
By Krisberg, Barry; Vuong, Linh.
National Council on Crime and Delinquency (NCCD) (Oakland, CA).
Changes in recent years that have negatively impacted at-risk youth and opportunities to rectify this situation are covered. Reduced support for at-risk youth over the past eight years are: a decrease in funding for after-school programming; reduction in funding by the Juvenile Justice and Delinquency Prevention Act (JJDPA); funding slashed for the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG); and inadequate proposals. Strategies for rebuilding the infrastructure for at-ri... Read More
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8 p.
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2009
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The Prison Rape Elimination Act
Just Detention International (JDI) (Los Angeles, CA).
These four key provisions of the Prison Rape Elimination Act (PREA) are covered: comprehensive study and issuance of national standards; annual statistical review; assistance, research, and grants; and review panel.... Read More
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2 p.
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2009
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The Prison Litigation Reform Act Obstructs Justice for Survivors of Sexual Abuse in Detention
Just Detention International (JDI) (Los Angeles, CA).
The inability of sexually abused prisoners to hold correctional officials accountable due to the Prison Litigation Reform Act (PLRA) is explained. Provisions of PLRA given to undermining judicial oversight include: exhaustion requirement, physical injury requirement; fees for indigent prisoners; and application to juvenile detainees.... Read More
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2 p.
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2009
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Improving Prison Oversight to Address Sexual Violence in Detention
By Rothstein, Melissa; Stannow, Lovisa.
American Constitution Society for Law and Policy (Washington, DC).
"This Issue Brief discusses the urgent need for national standards addressing sexual abuse in detention and for a strong monitoring system to improve safety in detention facilities" (p. 2). Five sections comprise this publication: introduction; the problem of prisoner rape; the NPREC (National Prison Rape Elimination Commission) standards for adult prisons and jails -- prevention and response planning, prevention, detention and response, and monitoring; improving oversight with the PREA (Prison... Read More
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11 p.
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2009
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Hearing on: National Prison Rape Elimination Commission Report and Standards
U.S. Congress. House of Representatives. Subcommittee on Crime, Terrorism, and Homeland Security (Washington, DC).
A video webcast is available for viewing the Hearing on the National Prison Rape Elimination Commission Report and Standards. Written testimony from the witnesses can also be accessed.... Read More
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1 p.
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2009
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No Equal Justice: The Prison Litigation Reform Act in the United States
By Fathi, David.
Human Rights Watch (New York, NY).
This report "examines three provisions of the PLRA [Prison Litigation Reform Act] -- the exhaustion requirement, the physical injury requirement, and the law's application to children - and their effect on prisoners' access to justice" (p. 4). Eleven sections comprise this publication: summary; recommendations; incarceration in the U.S.; the exhaustion requirement; the physical injury requirement; the PLRA's application to children; the PLRA's negative effect on prisoners' access to the courts;... Read More
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47 p.
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2009
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Prison Warden Attitudes Toward Prison Rape and Sexual Assualt: Findings Since the Prison Rape Elimination Act (PREA)
By Moster, Aviva N.; Jeglic, Elizabeth L..
The perceptions of prison wardens following the passage of the Prison Elimination Act (PREA) regarding the sexual assault of inmates are investigated. Sections following an abstract include: PREA; prison wardens and PREA; method; results for the prevalence of male prison rape and sexual assault, classification, prevention, and current institution policies and practices; and discussion. Respondents “believe that increased inmate supervision by staff can be completely effective at preventing priso... Read More
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14 p.
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2008
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Civil Commitment of a Sexually Dangerous Person
U.S. Bureau of Prisons (Washington, DC).
"In this document, the Bureau of Prisons (Bureau) finalizes its proposed rule providing definitions and standards relating to the certification of persons as sexually dangerous for the purpose of civil commitment, as authorized by the Adam Walsh Child Protection and Safety Act of 2006" (p. 70278).... Read More
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4 p.
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2008
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No Easy Answers: Sex Offender Laws in the U.S.: A Suggested List of References
John Jay College of Criminal Justice. Prisoner Reentry Institute (New York, NY).
This list contains twenty-nine documents about U.S. sex offender laws.... Read More
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3 p.
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2008
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Sex Offender Registration and Community Notification: Past, Present, and Future
By Logan, Wayne A..
The impact of the Adam Walsh Act (AWA) of 2006 on state efforts at sex offender registration and notification is explained. The AWA makes non-registration a federal felony. Authorization for federal prosecution is based on the U.S. Commerce Clause. This justification will no doubt be argued before the Supreme Court and upheld, according to the author. AWA also requires standards that often conflict with states' rights. There are also problems with AWA's three-tier registrant classification syste... Read More
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16 p.
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2008
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The Prison Rape Elimination Act: Implementation and Unresolved Issues
By Smith, Brenda V..
Issues related to the implementation of the Prison Rape Elimination Act (PREA) are reviewed. This article covers: genesis of PREA; implementation status -- data collection, research, training and technical assistance, grants to the states, development of national standards, and important unresolved issues raised by PREA; and conclusion.... Read More
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10 p.
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2008
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Hearing on Federal Prison Industries -- Examining the Effects of Section 827 of the National Defense Authorization Act of 2008
U.S. Congress. House of Representatives. Subcommittee on Crime, Terrorism, and Homeland Security.
The video webcast from the Hearing on Federal Prison Industries plus copies of the witnesses' testimony are available at this website. The critical need for the Federal Prison Industries (FPI) program is explained.... Read More
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1 p.
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2008
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Criminal Justice Resources: Sex Offender Residency Restrictions
By Strutin, Ken.
LLRX.com (Washington, DC); Law Library Resource Xchange (Washington, DC).
"This article collects recent court decisions, research papers and reports that have addressed the efficacy of exclusionary zoning laws and the impact of these restrictions on sex offenders reentering their communities" (p. 1).... Read More
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7 p.
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2008
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Megan's Law in Minnesota: The Impact of Community Notification on Sex Offender Recidivism
Minnesota Dept. of Corrections (St. Paul, MN).
The degree to which sex offender recidivism is affected by community notification is investigated. Sections of this report include: executive summary; introduction; literature review; data and methodology; results for three-year recidivism rates by groups, overall recidivism rates by first risk level assignment, comparison of notification and pre-notification group offenders, time to sex offense recidivism, time to non-sex offense recidivism, and time to general recidivism; discussion; and conc... Read More
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51 p.
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2008
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Prison Rape Elimination Act: The Prison Rape Elimination Act of 2003 (PREA) Applies to All Public and Private Institutions that House Adult or Juvenile Offenders
Arizona Dept. of Juvenile Corrections. (Phoenix, AZ).
Materials concerning the Prison Rape Elimination Act of 2003 (PREA) produced by the Arizona Department of Juvenile Corrections are available at this website. Points of entry include:
- Director’s message;
- Public Law 108-79 (PREA);
- Arizona Revised Statutes (ARS) definitions;
- “Preventing and Responding to Sexual Offenses Involving Juveniles,”
- “Preventing Sexual Assault and Sexual Abuse of Juveniles,”
- “Reception Screening for Assaultive and Sexually Aggressive Be... Read More
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2 p.
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2008
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Review of the Department of Justice's Implementation of the Sex Offender Registration and Notification Act
U.S. Dept. of Justice. Office of the Inspector General. Evaluation and Inspections Division (Washington, DC).
“This report examines the Department of Justice’s (Department) implementation of Title I of the Adam Walsh Act, the Sex Offender Registration and Notification Act (SORNA), which sets forth specific responsibilities for the Department in identifying, arresting, and prosecuting sex offenders who have failed to register or update a registration” (p.i). Sections of this report are: executive digest; background; purpose, scope, and methodology of the review; results of the review -- Section 1 - Depa... Read More
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100 p.
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2008
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Criminal Justice System Improvements
American Bar Association (Chicago, IL).
Recommendations for improving the criminal justice system are provided. Some of the recommendations are: set funding ratio at 50-50, law enforcement to prevention; support broad use of alternatives to incarceration; eliminate statutory mandatory minimum sentencing and sentencing disparities; support community reentry; reform the juvenile justice system; and provide federal funding for indigent defense services.... Read More
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14 p.
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2008
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Registering Harm: How Sex Offense Registries Fail Youth and Communities
Southern Poverty Law Center (Montgomery, AL); Public Welfare Foundation (Washington, DC); Open Society Institute-New York (New York, NY).
Justice Policy Institute (Washington, DC).
"This report documents the issues related to public safety and fiscal accountability that states should consider as they determine whether to comply with the Adam Walsh Act or otherwise expand the reach of their existing [sex offender] registries" (p. 3). Sections contained in this report are: introduction; the history and origins of sex offender registries; the Adam Walsh Act; the harmful effects of the Adam Walsh Act on our children and communities; and recommendations.... Read More
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48 p.
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2008
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Enforcing Religious Freedom in Prison
U.S. Commission on Civil Rights (Washington, DC).
Efforts are reported that make sure federal civil rights laws prohibiting religious discrimination in federal and state prisons are enforced. Five chapters follow an executive summary: introduction and overview; prisoners’ Free Exercise claims; the U.S. Department of Justice’s enforcement of prisoners’ Free Exercise rights; judicial response—analysis of cases alleging religious discrimination in prisons; and the Commission’s findings and recommendations. “With the intent of furthering religious ... Read More
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232 pages
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2005
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Project Guide: The NEPA Land Use Process for Proposed Development of Correctional Facilities in Indian Country
National Institute of Corrections. Native American and Alaskan Technical Assistance Project (NAATAP) (Washington, DC); U.S. Bureau of Justice Assistance (Washington, DC).
Justice Planners International (JPI) (Demarest, NJ); Langan Engineering and Environmental Services, Inc. (Elmwood Park, NY).
Compliance issues proposed correctional facilities in Indian Country face with the National Environmental Policy Act (NEPA) of 1969 are explained. The NEPA Environmental Assessment (EA) process requires: initiation of the NEPA analysis; development of an EA; the Finding of No Significant Impact (FONSI); Environmental Impact Statement (EIS); Record of Decision (ROD); and implementing the decision.... Read More
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17 p.
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