PREA

The Prison Rape Elimination Act (PREA)

The Prison Rape Elimination Act (PREA), a federal law enacted in 2003, was created to eliminate sexual abuse and sexual harassment in confinement settings. 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 and addressing sexual harassment concerns. The final standards became effective on June 20, 2012, when they were published by the Department of Justice (DOJ) in the Federal Register.

In accordance with the national PREA standards, Embrave, Inc. has a PREA Coordinator who is responsible for the development, implementation, and oversight essential to demonstrate compliance with the national PREA standards. Embrave also has a PREA Compliance Manager at each facility.

The full text of the standards can be found at www.PREAResourceCenter.org.

Zero Tolerance Policy

In compliance with Section §115.211 of the PREA regulation, Embrave has established a Zero Tolerance Policy against all forms of sexual abuse and Sexual Harassment. Embrave has outlined a plan specifying the efforts we undertake to prevent, detect, and respond to all allegations of sexual abuse and/or sexual harassment.

This plan is articulated in Embrave’s Policy, PREA-010, Sexual Abuse Prevention and Response, which is available here.

Training and Education

Embrave has designed a comprehensive training plan for all staff that complies with the content of Section §115.231 of the PREA standards. The standard requires that each staff member receive initial PREA training as part of the orientation and introduction to the agency. Embrave also offers PREA refresher trainings to all staff annually. Additionally, Embrave provides PREA trainings for all contractors, volunteers and interns.

All Embrave residential clients, upon initial reception into an Embrave residential program, receive education and training on the requirements of PREA. This training has a particular focus on:

  • Embrave’s Zero Tolerance Policy on sexual harassment and/or sexual abuse
  • Their right to be free from sexual harassment and sexual abuse,
  • Directions on how to report allegations related to sexual abuse and/or sexual harassment, and
  • Their right to be free from retaliation for reporting incidents.

Reporting Allegations of Sexual Abuse/Sexual Harassment

Anyone can report an allegation or suspected incident of sexual abuse and/or sexual harassment, including inmates, staff, volunteers, contractors, and/or third parties. This also includes allegations that may have occurred at another correctional facility or at an Embrave facility. Embrave, Inc. responds to all reports of PREA and imposes no statute of limitations on concerns/allegations of sexual abuse and/or sexual harassment reported. At an Embrave facility, there are multiple options to file a report, including, but not limited to:

  • Colorado Department of Corrections Hotline (1-877-DOC-TIPS).
  • Contact the National Sexual Assault Hotline at 1-800-656-4673.
  • Send a letter to the corporate PREA coordinator.
  • Contact the facility program manager or other Embrave staff member at each Embrave facility.
  • Staff may report allegations via their chain of command or anonymously through the employee hotline numbers provided.

It is not required that any personal information be provided. However, the more information that can be provided regarding dates, times, locations, witnesses, and as much detail about the alleged incident as is known serves to assist staff and law enforcement in their efforts to successfully conduct the investigations.

Investigations

All allegations of sexual conduct shall be promptly, thoroughly, and objectively investigated. Upon the conclusion of the investigation, each allegation will be classified as “substantiated,” “unsubstantiated,” or “unfounded” using a preponderance of the evidence.

Allegations of sexual abuse will be referred to the appropriate law enforcement agency for criminal investigation and potential prosecution. All substantiated allegations of sexual abuse or sexual harassment will result in the appropriate disciplinary actions taken against the employee, contractor, volunteer, intern, or client and referral for criminal prosecution when applicable.

Facility investigators have all received specialized training, in accordance with §115.234, regarding how to conduct investigations of sexual abuse in the correctional setting. Embrave has established a written agreement with local law enforcement agencies for the prompt investigation for any potential criminal allegations in accordance with §115.221.

Inquiries

Questions or inquiries can be forwarded to:

Jenner Behan 719-473-4460 Ext. 410 — PREA Coordinator

Resources

PREA-007 PREA Investigations
PREA-010 PREA Zero Tolerance
2013 Annual PREA Report
2014 Annual PREA Report
2014 PREA Audit Report
2015 Annual PREA Report
2015 PREA Audit Report
2016 Annual PREA Report
2016 PREA Audit Report
2017 PREA Audit Report
2018 PREA Audit Report
2019 PREA Audit Report
2020 PREA Audit Report
2021 PREA Audit Report
2022 PREA Audit Report
Embrave Final PREA Audit Report 7.13.2023