Prison Rape Elimination Act (PREA)

The Prison Rape Elimination Act (PREA), a federal law enacted in 2003, was created to eliminate sexual abuse in confinement facilities. In addition to providing federal funding for research, programs, training, and technical assistance to address the issue, the legislation mandated the development of national standards. The National Prison Rape Elimination Commission developed recommended national standards for reducing prison rape. The final standards became effective June 20, 2012, when they were published by the Department of Justice (DOJ) in the Federal Register. More recently, the US Department of Homeland Security (DHS) released final standards for DHS confinement facilities, effective May 6, 2014.

The following information and resources reflect the San Diego County Sheriff’s Department’s committment to the PREA. (Sheriff’s Policy 6.127 )

San Diego County Sheriff’s 2013 PREA Annual Report

Policy: Sexual Misconduct

It is the policy of the San Diego Sheriff’s Department to enforce a Zero Tolerance for Sexual Assault, Sexual Harassment and Sexual Misconduct. The San Diego Sheriff’s Department shall comply with the Federal Prison Rape Elimination Act of 2003 in its entirety and implement procedures for appropriate prevention, detection, intervention and treatment for all victims of sexual assault. The PREA Coordinator will provide oversight of all efforts to ensure compliance with PREA Standards.

Policy: Evidence Protocol and Forensic Medical Examinations

It is the policy of the San Diego Sheriff’s Department to investigate all allegations of Sexual Abuse. San Diego Sheriff’s Department shall follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions.

Policy: Administrative and Criminal Investigation Regarding All Allegations of Sexual Abuse and Sexual Harassment

It is the policy of the San Diego Sheriff’s Department that any allegation of Sexual Abuse, Sexual Harassment, Sexual Assault, or Sexual Misconduct will be investigated to the fullest extent whether administratively or criminally. All referrals and investigations will be documented. San Diego Sheriff’s Department’s policy on investigating these allegations will be published on the San Diego Sheriff’s Department website.

If you wish to file a third-party complaint of sexual abuse/harassment on behalf of an inmate, you may do so in person, by telephone, anonymously, or by mail. Click on the Domestic Violence and Sexual Assault Victim Guide to the right for contact information.