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Washington, D.C. (March 23, 2011) — Former members of the National Prison Rape Elimination Commission (NPREC) held a press conference at The National Press Club to challenge the Department of Justice’s proposed prison rape standards. Commenting on the original commission being operationally out of existence but present together at the press event today, Judge Reggie Walton, chairman of the Commission, made clear to the DOJ, “We’re not going to go away.”
The Bureau of Justice Statistics estimates that on average 124 adult and juvenile inmates are sexually assaulted in US prisons every day. The 8-member group spent five years researching the occurrence of prison rape by using independent expert panels, independent studies, site visits to prison facilities and other detention facilities, and public hearings to inform its course; and in 2009, compiled a 242-page report that chronicles the nature of the problem and the prevalence of the problem in America’s jails and prisons.
Judge Walton, speaking on behalf of the Commission, said, “One of the reasons prison rape needs to be addressed is that as a nation, we believe in freedom and justice and justice includes treating people humanely when they are incarcerated. Obviously when individuals are sexually abused, or when they are involuntarily detained, I think it is inconsistent with who we are supposed to be as a nation.”
Vice Chairman John Kaneb, and Commissioner Pat Nolan were present to buttress Chairman Walton and represent the Commission at the press event.
Nolan, also vice president of Prison Fellowship, said, “In America, about 125 prisoners are sexually assaulted every day. Each day we delay is more human suffering. If it’s just business as usual, the public is poorly served.”
About 70,000 are forcibly raped each year in prisons and jails and that is an intolerable number the Commissioners said.
Judge Walton pointed out the importance of implementing standards that are more rigid than the DOJ’s recommendations. “The standards we developed, we believe, are comprehensive and have to be put in place in a holistic manner. You cannot piece-meal what we’ve proposed and be effective in addressing this problem — we believe our standards are what need to be adopted in order for us to have a real meaningful impact on this problem.”
“We are here today because we have concerns that the rules that have been proposed by the Justice Department will weaken our recommendations for what we believe needs to be done. We do commend the Department for some of the recommendations that they made, but there are core problems that we think if not adequately addressed by the Department we feel will undermine our good efforts that we engaged in to try to address this problem,” Commissioner Walton said.
The Commissioners members highlighted a few of the proposed standards they feel need to be strengthened:
Cross gender pat downs — Most states, do not allow male guards to pat down female inmates. The Department’s would relax this rule.
Protection for immigrants — The Commissioners agree that though there are individuals in immigration facilities who have committed crimes, many of them have not, and they, too, deserve protection. The Justice Department’s standards do not include standards for immigrants.
Audits — The Commissioners made clear that audits were critical to stronger standards, and feel that though self-policing is important, it has not curbed prison rape. Regular audits are not included in the DOJ’s proposed standards.
“Self-policing has not adequately addressed this policy,” Walton pointed out. Vice Chairman Kaneb added, “Independent audits are the foundation of this house.”
Commissioner Nolan said the DOJ needs to speed up the standards, rather than developing plans. “Planning is not a standard. We need standards that protect inmates, not plans.”
Finally, Walton addressed the costs. The commissioners pointed out some states, like Oregon, California, and Michigan are already adopting the Commission’s standards and still able to stay within their budget.
One major expense not covered in the DOJ figures, pointed out Nolan, is the cost of settling cases. For instance, in Michigan, court costs rose beyond 100 million to settle one prisoner being sexually assaulted. Nolan asked, “What if we spent that money on prevention?”
Wrapping up the press conference, Walton explained that the DOJ has said, “It’s taken a long time to get a hold on the problem. . . .” Walton continued, “Once they (DOJ) adopt the rule, it’ll have to go through other government agencies.” This process is taking and will take time. We must educate society about abuse while incarcerated. Prisoners pose greater risk on society if they are abused in prison.” Walton made clear regarding the Commission, “If the DOJ doesn’t impose stronger standards, we will continue to be outspoken. Although we are no longer a commission in operation, all of us are committed to seeing what we proposed adopted. So we’re not going to go away and our voice will continue to be heard.
Nolan concluded, “In America, people sentenced to time in prison, should not have sexual assault be a part of their sentence.”
Join the coalition desiring stronger standards on Tuesday, March 29, at 10am. For more information, visit online at www.justicefellowship.org.
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