Prison Rape Elimination Act (PREA)

On September 4, 2003, President George W. Bush signed into law the Prison Rape Elimination Act (PREA) of 2003.  The goal of PREA is to eradicate prisoner rape or abuse in all types of correctional facilities in the USA. PREA sets standards that protects those in correctional settings and makes the prevention of sexual assault and sexual misconduct a top priority.
The Calhoun County Sheriff’s Office maintains a ‘Zero Tolerance Policy’ for all forms of sexual abuse or assault.  It is the policy of the Sheriff’s Office to provide a safe and secure environment for all inmates, detainees, employees, contractors, and volunteers, being free from the threat of sexual abuse and assault.  In doing so, CCSO shall maintain a Sexual Abuse and Assault Prevention and Intervention Program that ensures effective procedures for preventing, reporting, responding to an investigation, and tracking incidents or allegations of sexual abuse, assault or harassment.

Sexual assault or abuse of any kind by anyone within the facility is prohibited and subject to administrative, disciplinary, and criminal sanctions.

Reporting

The Calhoun County Sheriff’s Office investigates all allegations of sexual abuse, assault or misconduct in accordance with 6 CFR Part 115.

If you have information regarding a subject in custody at CCSO who has been the victim of a PREA violation while in CCSO custody, you can report this by calling 269-969-6303 and asking to speak to an on-duty supervisor or the PSA Compliance Manager.

Reporting to CCSO can be done anonymously using the form at the bottom of this page. 

You can also report information regarding an inmate by calling CALL Rainn at 1-800-656-4673. RAINN is the nation’s largest anti-sexual violence organization. RAINN oversees the National Sexual Assault Hotline.

ICE DETAINEES ONLY- on behalf of an ICE detainee, sexual abuse reports can be done utilizing the ICE ERO Detention Reporting and Information Line (DRIL) at 1-888-351-4024. Or report directly to ICE online here, https://www.ice.gov/webform/ero-contact-form

CCSO will follow all investigation requirements of 6 CFR Part 115 including:

  • All investigations into alleged sexual abuse will be conducted by qualified investigators.
  • CCSO shall ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse.
  • The agency is required to keep documentation for at least five years, of all reports and referrals of allegations of sexual abuse.
  • Ensuring that all allegations are promptly reported to the agency as described in paragraphs (e) and (f) of 115.22, and, unless the allegation does not involve potentially criminal behavior, are promptly referred for investigation to an appropriate law enforcement agency with the legal authority to conduct criminal investigations.
  • When a detainee, prisoner, inmate, or resident of the facility in which an alleged detainee victim is housed is alleged to be the perpetrator of detainee sexual abuse, the facility shall ensure that the incident is promptly reported to the Joint Intake Center, the ICE Office of Professional Responsibility or the DHS Office of Inspector General, as well as the appropriate ICE Field Office Director, and, if it is potentially criminal, referred to an appropriate law enforcement agency having jurisdiction for investigation.
  • When a staff member, contractor, or volunteer is alleged to be the perpetrator of detainee sexual abuse, the facility shall ensure that the incident is promptly reported to the Joint Intake Center, the ICE Office of Professional Responsibility or the DHS Office of Inspector General, as well as to the appropriate ICE Field Office Director, and to the local government entity or contractor that owns or operates the facility. If the incident is potentially criminal, the facility shall ensure that it is promptly referred to an appropriate law enforcement agency having jurisdiction for investigation.

Inmate/Detainee Reporting Information
Subjects held in custody at CCSO can report sexual misconduct to any staff member, contractor, volunteer, family member or friend.  They can also call the Inmate/Detainee PREA in-facility number at 269-555-1234.

ICE DETAINEES ONLY- can call and report any allegations to the ICE ERO DRIL and ICE JIC.  These numbers are provided in every housing unit in this facility.  Reporting can also be done to the ICE Ombudsman and ICE Agent on site.

Statistics and Annual Reporting
The PSA Compliance Manager will retain statistical data to include:

  • Number of allegations of sexual abuse and sexual harassment reports received
  • Number of allegations resulting in administrative investigations
  • Number of allegations referred for criminal investigation
  • Number of investigations completed
  • CCSO will document all reports and referrals
  • Retention of such files and referrals shall be kept as long as the alleged abused is detained or employed by CCSO plus five years.
  • The ICE Detroit ERO Office will be notified immediately if an ICE detainee is a victim or abuser.

References
Chapter 303 — Prison Rape Elimination
Department of Homeland Security: Standards To Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities 

PREA Incident Report