Department of Justice - Office of Justice Programs

1 Vol. 77 Wednesday, No. 119 June 20, 2012. Part II. Department of Justice 28 CFR Part 115. National standards To Prevent, Detect, and Respond to Prison Rape;. Final Rule srobinson on DSK4 SPTVN1 PROD with RULES2. VerDate Mar<15>2010 16:31 Jun 19, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\ 20 JNR2. 37106 Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / rules and Regulations Department OF Justice before the day the comment period I. Executive Summary closes. 28 CFR Part 115 A. Overview Posting of Solicited Additional Public The goal of this rulemaking is to Comments: Please note that all [Docket No. OAG 131; AG Order No. 3331 prevent, detect, and respond to sexual 2012] comments received are considered part abuse in confinement facilities, of the public record and made available pursuant to the Prison Rape Elimination RIN 1105 AB34 for public inspection online at http://.

2 Act of 2003. For too long, incidents of and in the sexual abuse against incarcerated National standards To Prevent, Detect, Department 's public docket. Such persons have not been taken as seriously and Respond to Prison Rape information includes personal as sexual abuse outside prison walls. In identifying information (such as your popular culture, prison rape is often the AGENCY: Department of Justice . name, address, etc.) voluntarily ACTION: Final rule; request for comment subject of jokes; in public discourse, it submitted by the commenter. has been at times dismissed by some as on specific issue. You are not required to submit an inevitable or even deserved . SUMMARY: The Department of Justice personal identifying information in consequence of criminality.

3 ( Department ) is issuing a final rule order to comment on this rule. But sexual abuse is never a laughing adopting national standards to prevent, Nevertheless, if you still want to submit matter, nor is it punishment for a crime. detect, and respond to prison rape, as personal identifying information (such Rather, it is a crime, and it is no more required by the Prison Rape Elimination as your name, address, etc.) as part of tolerable when its victims have Act of 2003 (PREA). In addition, the your comment, but do not want it to be committed crimes of their own. Prison Department is requesting comment on posted online or made available in the rape can have severe consequences for one issue relating to staffing in juvenile public docket, you must include the victims, for the security of correctional facilities.

4 Further discussion of the final phrase PERSONAL IDENTIFYING facilities, and for the safety and well- rule is found in the Executive Summary. INFORMATION'' in the first paragraph being of the communities to which of your comment. You must also place nearly all incarcerated persons will DATES: This rule is effective August 20, all the personal identifying information eventually return. 2012. Comments on the juvenile staffing In passing PREA, Congress noted that ratios set forth in must be you do not want posted online or made available in the public docket in the first the nation was largely unaware of the submitted electronically or postmarked epidemic character of prison rape and no later than 11:59 on August 20, paragraph of your comment and identify what information you want redacted.

5 The day-to-day horror experienced by 2012. victimized inmates.'' 42 ADDRESSES: To ensure proper handling If you want to submit confidential 15601(12). The legislation established a of solicited additional comments, please business information as part of your National Prison Rape Elimination reference Docket No. OAG 131'' on all comment, but do not want it to be Commission (NPREC) to carry out a written and electronic correspondence. posted online or made available in the comprehensive legal and factual study Written comments being sent through public docket, you must include the of the penalogical [sic], physical, regular or express mail should be sent phrase CONFIDENTIAL BUSINESS mental, medical, social, and economic to Robert Hinchman, Senior Counsel, INFORMATION'' in the first paragraph impacts of prison rape in the United Office of Legal Policy, Department of of your comment.

6 You must also States'' and to recommend to the Justice , 950 Pennsylvania Avenue NW., prominently identify confidential Attorney General national standards Room 4252, Washington, DC 20530. business information to be redacted for enhancing the detection, prevention, Comments may also be sent within the comment. If a comment has reduction, and punishment of prison electronically through http:// so much confidential business rape.'' 42 15606(d)(1), (e)(1). The using the information that it cannot be effectively statute defines prison'' as any electronic comment form provided on redacted, all or part of that comment confinement facility,'' including jails, that site. An electronic copy of this may not be posted online or made police lockups, and juvenile facilities, document is also available at the http:// available in the public docket.

7 And defines rape'' to include a broad Web site. The Personal identifying information and range of unwanted sexual activity. 42. Department will accept attachments to confidential business information 15609(7) & (9). After over four electronic comments in Microsoft Word, identified and located as set forth above years of work, the NPREC released its WordPerfect, Adobe PDF, or Excel file will be redacted and the comment, in recommended national standards in formats only. The Department will not redacted form, will be posted online and June 2009 and subsequently disbanded, accept any file formats other than those placed in the Department 's public pursuant to the statute. specifically listed here. docket file.

8 Please note that the Freedom The statute directs the Attorney Please note that the Department is of Information Act applies to all General to publish a final rule adopting requesting that electronic comments be comments received. If you wish to national standards for the detection, submitted before midnight Eastern Time inspect the agency's public docket file prevention, reduction, and punishment on the day the comment period closes in person by appointment, please see of prison rape * * * based upon the because the FOR FURTHER INFORMATION paragraph. independent judgment of the Attorney terminates the public's ability to submit General, after giving due consideration FOR FURTHER INFORMATION CONTACT: comments at midnight Eastern Time on to the recommended national standards srobinson on DSK4 SPTVN1 PROD with RULES2.

9 Robert Hinchman, Senior Counsel, the day the comment period closes. provided by the Commission * * * and Office of Legal Policy, Department of Commenters in time zones other than being informed by such data, opinions, Justice , 950 Pennsylvania Avenue NW., Eastern Time may want to consider this and proposals that the Attorney General Room 4252, Washington, DC 20530;. so that their electronic comments are determines to be appropriate to telephone: (202) 514 8059. This is not received. All comments sent through consider.'' 42 15607(a)(1) (2). a toll-free number. regular or express mail will be However, the standards may not considered timely if postmarked on or SUPPLEMENTARY INFORMATION: impose substantial additional costs VerDate Mar<15>2010 16:31 Jun 19, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\ 20 JNR2.

10 Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / rules and Regulations 37107. compared to the costs presently facilities, where significant barriers exist audits and State compliance expended by Federal, State, and local to the reporting and investigating of ( , ).1. prison authorities.'' 42 such incidents. An increase in incidents The standards contained in this final 15607(a)(3). reported to facility administrators might rule apply to facilities operated by, or The standards are to be immediately reflect increased abuse, or it might just on behalf of, State and local binding on the Federal Bureau of reflect inmates' increased willingness to governments and the Department of Prisons. 42 15607(b).