National Standards To Prevent, Detect, and Respond to Prison Rape, 11077-11079 [2010-4907]
Download as PDF
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules
additional 45 days to comply with a
regulatory provision whose paperwork
impact has already been analyzed by the
Department.
efficiently complete the tasks
necessitated by the rule.
Regulatory Analyses and Notices
A. Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
This rulemaking action is not a
significant regulatory action under
Executive Order 12866 and the
Department of Transportation’s
Regulatory Policies and Procedures.
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
F. Unfunded Mandates Reform Act
The Department has determined that
the requirements of Title II of the
Unfunded Mandates Reform Act of 1995
do not apply to this rulemaking.
Issued this 5th day of March 2009, in
Washington, DC.
Ray LaHood,
Secretary of Transportation.
List of Subjects in 14 CFR Part 234
B. Regulatory Flexibility Act
Pursuant to section 605 of the
Regulatory Flexibility Act (RFA), 5
U.S.C. 605(b), as amended by the Small
Business Regulatory Enforcement and
Fairness Act of 1996 (SBREFA), DOT
certifies that this rulemaking will not
have a significant impact on a
substantial number of small entities.
The NPRM would impose no duties or
obligations on small entities.
Air carriers, Consumer protection,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Department proposes to
amend the final rule published
December 30, 2009, at 74 FR 68983,
effective April 29, 2010, amending Title
14, Chapter II, Subchapter A, part 234,
as follows:
C. Executive Order 13132 (Federalism)
This action will not have a substantial
direct effect on the States, on the
relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, and therefore will
not have federalism implications.
PART 234—AIRLINE SERVICE
QUALITY PERFORMANCE REPORTS
erowe on DSK5CLS3C1PROD with PROPOSALS-1
D. Executive Order 13084
This notice has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13084 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because the provision on which we are
seeking comment would not
significantly or uniquely affect the
communities of the Indian tribal
governments or impose substantial
direct compliance costs on them, the
funding and consultation requirements
of Executive Order 13084 do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.) requires
that DOT consider the impact of
paperwork and other information
collection burdens imposed on the
public and, under the provisions of PRA
section 3507(d), obtain approval from
the Office of Management and Budget
(OMB) for each collection of
information it conducts, sponsors, or
requires through regulations. DOT has
determined that there are no new
information collection requirements
associated with this NPRM. The NPRM
merely proposes to provide an
VerDate Nov<24>2008
15:23 Mar 09, 2010
Jkt 220001
1. The authority citation for Part 234
continues to read as follows:
Authority: 49 U.S.C. 329 and chapters 401
and 417.
2. In the final rule published
December 30, 2009, at 74 FR 68983,
effective April 29, 2010, § 234.11 is
amended by adding paragraph (d) to
read as follows:
§ 234.11
Disclosure to consumers.
*
*
*
*
*
(d) A reporting carrier must meet the
requirements of paragraphs (b) and (c) of
this section by June 14, 2010.
[FR Doc. 2010–5244 Filed 3–9–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
28 CFR Part 115
[Docket No. OAG–131; AG Order No. 3143–
2010]
RIN 1105–AB34
National Standards To Prevent, Detect,
and Respond to Prison Rape
Department of Justice.
Advance notice of proposed
rulemaking.
AGENCY:
ACTION:
SUMMARY: The Department of Justice
(Department) is reviewing national
standards for enhancing the prevention,
detection, and response to sexual abuse
in confinement settings that were
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Sfmt 4702
11077
prepared by the National Prison Rape
Elimination Commission (Commission)
pursuant to the Prison Rape Elimination
Act of 2003 (PREA) and recommended
by the Commission to the Attorney
General. The Department is issuing this
Advance Notice of Proposed
Rulemaking to solicit public input on
the Commission’s proposed national
standards and to receive information
useful to the Department in publishing
a final rule adopting national standards
for the detection, prevention, reduction,
and punishment of prison rape, as
mandated by PREA.
DATES: Written comments must be
postmarked on or before May 10, 2010,
and electronic comments must be sent
on or before midnight Eastern Time May
10, 2010.
ADDRESSES: To ensure proper handling
of comments, please reference ‘‘Docket
No. OAG–131’’ on all written and
electronic correspondence. Written
comments being sent via regular or
express mail should be sent to Robert
Hinchman, Senior Counsel, Office of
Legal Policy, Department of Justice, 950
Pennsylvania Avenue, NW., Room 4252,
Washington, DC 20530. Comments may
also be sent electronically through
https://www.regulations.gov using the
electronic comment form provided on
that site. An electronic copy of this
document is also available at the
https://www.regulations.gov Web site.
The Department will accept attachments
to electronic comments in Microsoft
Word, WordPerfect, Adobe PDF, or
Excel file formats only. The Department
will not accept any file formats other
than those specifically listed here.
Please note that the Department is
requesting that electronic comments be
submitted before midnight Eastern Time
on the day the comment period closes
because https://www.regulations.gov
terminates the public’s ability to submit
comments at midnight Eastern Time on
the day the comment period closes.
Commenters in time zones other than
Eastern Time may want to consider this
so that their electronic comments are
received. All comments sent via regular
or express mail will be considered
timely if postmarked on the day the
comment period closes.
FOR FURTHER INFORMATION CONTACT:
Robert Hinchman, Senior Counsel,
Office of Legal Policy, Department of
Justice, 950 Pennsylvania Avenue, NW.,
Room 4252, Washington, DC 20530;
telephone: (202) 514–8059. This is not
a toll-free number.
SUPPLEMENTARY INFORMATION: Posting of
Public Comments: Please note that all
comments received are considered part
of the public record and made available
E:\FR\FM\10MRP1.SGM
10MRP1
11078
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
for public inspection online at
www.regulations.gov and in the
Department’s public docket. Such
information includes personal
identifying information (such as your
name, address, etc.) voluntarily
submitted by the commenter.
If you want to submit personal
identifying information as part of your
comment, but do not want it to be
posted online or made available in the
public docket, you must include the
phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also place
all the personal identifying information
you do not want posted online or made
available in the public docket in the first
paragraph of your comment and identify
what information you want redacted.
If you want to submit confidential
business information as part of your
comment, but do not want it to be
posted online or made available in the
public docket, you must include the
phrase ‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted online or made
available in the public docket.
Personal identifying information and
confidential business information
identified and located as set forth above
will be redacted and the comment, in
redacted form, will be posted online and
placed in the Department’s public
docket file. Please note that the Freedom
of Information Act applies to all
comments received. If you wish to
inspect the agency’s public docket file
in person by appointment, please see
the instructions at the FOR FURTHER
INFORMATION CONTACT caption.
Background
The Prison Rape Elimination Act of
2003, 42 U.S.C. 15601 et seq., requires
the Attorney General to promulgate
regulations that adopt national
standards for the detection, prevention,
reduction, and punishment of prison
rape. PREA established the Commission
to carry out a comprehensive legal and
factual study of the penological,
physical, mental, medical, social, and
economic impacts of prison rape in the
United States, and to provide to the
Attorney General and the Secretary of
Health and Human Services national
standards for enhancing the detection,
prevention, reduction, and punishment
of prison rape. The Commission
published its recommended national
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15:23 Mar 09, 2010
Jkt 220001
standards in a report dated June 23,
2009. The Commission’s report and
recommended national standards are
available at https://www.ncjrs.gov/
pdffiles1/226680.pdf. The Commission
set forth four sets of recommended
national standards for eliminating
prison rape and other forms of sexual
abuse applicable to (1) Adult prisons
and jails, including facilities with
immigration detainees; (2) juvenile
facilities; (3) community corrections;
and (4) lockups (i.e., temporary holding
facilities). The Commission’s proposed
standards apply to federal, state, and
local correctional and detention
facilities. The standards developed by
the Commission for each category of
confinement facility address prevention
and response planning; prevention;
detection and response; and monitoring.
Each standard developed by the
Commission contains requirements that
the Commission believes should be
mandatory. Accompanying each
standard is an assessment checklist,
which is not considered mandatory by
the Commission but is designed as a
tool to provide agencies and facilities
with examples of how to meet the
requirements of the standards. The
Commission’s assessment checklists,
along with a glossary of terms and
discussion sections providing
explanations for the rationale of the
standards and, in some cases, guidance
for achieving compliance, are available
at https://www.ncjrs.gov/pdffiles1/
226682.pdf (adult prisons and jails),
https://www.ncjrs.gov/pdffiles1/
226684.pdf (juvenile facilities), https://
www.ncjrs.gov/pdffiles1/226683.pdf
(community corrections), and https://
www.ncjrs.gov/pdffiles1/226685.pdf
(lockups).
Pursuant to PREA, the final rule
adopting national standards ‘‘shall be
based upon the independent judgment
of the Attorney General, after giving due
consideration to the recommended
national standards provided by the
Commission * * * and being informed
by such data, opinions, and proposals
that the Attorney General determines to
be appropriate to consider.’’ 42 U.S.C.
15607(a)(2). PREA expressly mandates
that the Department shall not establish
a national standard ‘‘that would impose
substantial additional costs compared to
the costs presently expended by
Federal, State, and local prison
authorities.’’ 42 U.S.C. 15607(a)(3). The
Department ‘‘may, however, provide a
list of improvements for consideration
by correctional facilities.’’ 42 U.S.C.
15607(a)(3).
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Fmt 4702
Sfmt 4702
PREA Working Group
The Attorney General has established
a PREA Working Group to review each
of the Commission’s proposed standards
and to prepare a draft final rule. The
Working Group includes representatives
from a wide range of Department
components, including the Bureau of
Justice Assistance, the Bureau of Justice
Statistics, the Federal Bureau of Prisons,
the Civil Rights Division, the National
Institute of Corrections, the National
Institute of Justice, the Office of Legal
Policy, the Office of Legislative Affairs,
the Office of Juvenile Justice and
Delinquency Prevention, the Office of
Justice Programs, the Office for Victims
of Crime, and the Office on Violence
Against Women. The Working Group is
completing an in-depth initial review of
the standards proposed by the
Commission, and is currently examining
whether the Department may be able to
implement certain standards on an
interim basis before a final rule is
published.
The Working Group has conducted a
number of listening sessions, at which
a wide variety of individuals and groups
have provided preliminary input prior
to the start of the regulatory process.
Participants have included
representatives of state and local prisons
and jails, juvenile facilities, community
corrections programs, lockups, state and
local sexual abuse associations and
service providers, national advocacy
groups, survivors of prison rape, and
members of the Commission.
Because PREA prohibits the
Department from establishing a national
standard that would impose substantial
additional costs compared to the costs
presently expended by federal, state,
and local prison authorities, 42 U.S.C.
15607(a)(3), the Department must
carefully examine the potential cost
implications of the standards proposed
by the Commission. Accordingly, the
Department has commissioned an
independent contractor to perform a
cost analysis of the Commission’s
proposed standards. The contractor is
expected to complete the cost analysis
in the coming months.
The Department is also working to
address the other recommendations put
forth by the Commission. For example,
the Attorney General has designated a
Senior Counsel in the Office of the
Deputy Attorney General to monitor and
coordinate the Department’s PREA
implementation efforts. The Department
is also in the process of developing a
corollary to the 2004 ‘‘National Protocol
for Sexual Assault Medical Forensic
Examinations’’ that will be customized
to the conditions of confinement. In
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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
addition, via a separate rulemaking
process, the Department intends to
remove the current ban on Victims of
Crime Act funding for treatment and
rehabilitation services for incarcerated
victims of sexual abuse.
The Department’s Request for
Comments
The Department is soliciting public
input on the Commission’s proposed
national standards. The Department
welcomes all comments, including any
comments addressing specific standards
proposed by the Commission. In
addition, the Department specifically
requests comments regarding three
general questions listed below.
1. The Commission’s proposed
standards are intended to prevent,
detect, and respond to ‘‘sexual abuse,’’
which is defined in the glossary that
precedes each checklist. PREA directed
the Department to publish a final rule
adopting national standards for the
detection, prevention, reduction, and
punishment of prison ‘‘rape,’’ which is
defined in section 10 of Public Law
108–79 (42 U.S.C. 15609(9)). What
would be the implications of referring to
one term as opposed to the other in the
Department’s consideration of the
Commission’s proposed national
standards?
2. PREA mandates that the Attorney
General shall not establish a national
standard ‘‘that would impose substantial
additional costs compared to the costs
presently expended by Federal, State
and local prison authorities.’’ Would any
of the Commission’s proposed standards
impose ‘‘substantial additional costs’’?
How should any such standards be
revised so as not to impose such costs?
The Department welcomes all cost data
or cost estimations that would help it
determine whether particular proposed
standards would—or would not—
impose substantial additional costs. In
assessing costs, please consider whether
and to what extent implementation of
particular standards would mitigate
costs currently expended.
3. Should the Department consider
differentiating within any of the four
categories of facilities for which the
Commission proposed standards (i.e.,
adult prisons and jails; juvenile
facilities; community corrections
facilities; and lockups) with compliance
requirements dependent on size,
personnel or resource limitations, or any
other factors?
Regulatory Certifications
This action is an Advance Notice of
Proposed Rulemaking (ANPRM).
Accordingly, the requirement of
Executive Order 12866 to assess the
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15:23 Mar 09, 2010
Jkt 220001
costs and benefits of this action does not
apply. Similarly, the requirements of
section 603 of the Regulatory Flexibility
Act do not apply to this action because,
at this stage, it is an ANPRM and not a
‘‘rule’’ as defined in section 601 of the
Regulatory Flexibility Act. Following
review of the comments received to this
ANPRM, as the Department promulgates
a Notice of Proposed Rulemaking
regarding this issue, the Department
will conduct all analyses required by
the Regulatory Flexibility Act, Executive
Order 12866, and any other statutes or
Executive Orders relevant to those rules
and in effect at the time of
promulgation.
Dated: March 3, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010–4907 Filed 3–9–10; 8:45 am]
BILLING CODE 44120–05–P; 4410–18–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 131
[EPA–HQ–OW–2009–0596; FRL–9125–7]
RIN 2040–AF11
Extension of Public Comment Period
for Water Quality Standards for the
State of Florida’s Lakes and Flowing
Waters
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of the
public comment period.
SUMMARY: On January 14, 2010, EPA
signed a proposed rule entitled ‘‘Water
Quality Standards for the State of
Florida’s Lakes and Flowing Waters.’’
On January 26, 2010 (75 FR 4174), EPA
published this proposed rule. Written
comments on the proposed rulemaking
were to be submitted to EPA on or
before March 29, 2010 (a 60-day public
comment period). Since publication, the
Agency has received several requests for
additional time to submit comments.
Therefore, EPA is extending the public
comment period for 30 days.
DATES: Comments must be received on
or before April 28, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2009–0596, by one of the following
methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: ow-docket@epa.gov.
3. Mail to: Water Docket, U.S.
Environmental Protection Agency, Mail
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Fmt 4702
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11079
code: 2822T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
Attention: Docket ID No. EPA–HQ–OW–
2009–0596.
4. Hand Delivery: EPA Docket Center,
EPA West Room 3334, 1301
Constitution Avenue, NW., Washington,
DC 20004, Attention Docket ID No.
EPA–HQ–OW–2009–0596. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OW–2009–
0596. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in www.regulations.gov or
E:\FR\FM\10MRP1.SGM
10MRP1
Agencies
[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Proposed Rules]
[Pages 11077-11079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4907]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 115
[Docket No. OAG-131; AG Order No. 3143-2010]
RIN 1105-AB34
National Standards To Prevent, Detect, and Respond to Prison Rape
AGENCY: Department of Justice.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (Department) is reviewing national
standards for enhancing the prevention, detection, and response to
sexual abuse in confinement settings that were prepared by the National
Prison Rape Elimination Commission (Commission) pursuant to the Prison
Rape Elimination Act of 2003 (PREA) and recommended by the Commission
to the Attorney General. The Department is issuing this Advance Notice
of Proposed Rulemaking to solicit public input on the Commission's
proposed national standards and to receive information useful to the
Department in publishing a final rule adopting national standards for
the detection, prevention, reduction, and punishment of prison rape, as
mandated by PREA.
DATES: Written comments must be postmarked on or before May 10, 2010,
and electronic comments must be sent on or before midnight Eastern Time
May 10, 2010.
ADDRESSES: To ensure proper handling of comments, please reference
``Docket No. OAG-131'' on all written and electronic correspondence.
Written comments being sent via regular or express mail should be sent
to Robert Hinchman, Senior Counsel, Office of Legal Policy, Department
of Justice, 950 Pennsylvania Avenue, NW., Room 4252, Washington, DC
20530. Comments may also be sent electronically through https://www.regulations.gov using the electronic comment form provided on that
site. An electronic copy of this document is also available at the
https://www.regulations.gov Web site. The Department will accept
attachments to electronic comments in Microsoft Word, WordPerfect,
Adobe PDF, or Excel file formats only. The Department will not accept
any file formats other than those specifically listed here.
Please note that the Department is requesting that electronic
comments be submitted before midnight Eastern Time on the day the
comment period closes because https://www.regulations.gov terminates the
public's ability to submit comments at midnight Eastern Time on the day
the comment period closes. Commenters in time zones other than Eastern
Time may want to consider this so that their electronic comments are
received. All comments sent via regular or express mail will be
considered timely if postmarked on the day the comment period closes.
FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel,
Office of Legal Policy, Department of Justice, 950 Pennsylvania Avenue,
NW., Room 4252, Washington, DC 20530; telephone: (202) 514-8059. This
is not a toll-free number.
SUPPLEMENTARY INFORMATION: Posting of Public Comments: Please note that
all comments received are considered part of the public record and made
available
[[Page 11078]]
for public inspection online at www.regulations.gov and in the
Department's public docket. Such information includes personal
identifying information (such as your name, address, etc.) voluntarily
submitted by the commenter.
If you want to submit personal identifying information as part of
your comment, but do not want it to be posted online or made available
in the public docket, you must include the phrase ``PERSONAL
IDENTIFYING INFORMATION'' in the first paragraph of your comment. You
must also place all the personal identifying information you do not
want posted online or made available in the public docket in the first
paragraph of your comment and identify what information you want
redacted.
If you want to submit confidential business information as part of
your comment, but do not want it to be posted online or made available
in the public docket, you must include the phrase ``CONFIDENTIAL
BUSINESS INFORMATION'' in the first paragraph of your comment. You must
also prominently identify confidential business information to be
redacted within the comment. If a comment has so much confidential
business information that it cannot be effectively redacted, all or
part of that comment may not be posted online or made available in the
public docket.
Personal identifying information and confidential business
information identified and located as set forth above will be redacted
and the comment, in redacted form, will be posted online and placed in
the Department's public docket file. Please note that the Freedom of
Information Act applies to all comments received. If you wish to
inspect the agency's public docket file in person by appointment,
please see the instructions at the FOR FURTHER INFORMATION CONTACT
caption.
Background
The Prison Rape Elimination Act of 2003, 42 U.S.C. 15601 et seq.,
requires the Attorney General to promulgate regulations that adopt
national standards for the detection, prevention, reduction, and
punishment of prison rape. PREA established the Commission to carry out
a comprehensive legal and factual study of the penological, physical,
mental, medical, social, and economic impacts of prison rape in the
United States, and to provide to the Attorney General and the Secretary
of Health and Human Services national standards for enhancing the
detection, prevention, reduction, and punishment of prison rape. The
Commission published its recommended national standards in a report
dated June 23, 2009. The Commission's report and recommended national
standards are available at https://www.ncjrs.gov/pdffiles1/226680.pdf.
The Commission set forth four sets of recommended national standards
for eliminating prison rape and other forms of sexual abuse applicable
to (1) Adult prisons and jails, including facilities with immigration
detainees; (2) juvenile facilities; (3) community corrections; and (4)
lockups (i.e., temporary holding facilities). The Commission's proposed
standards apply to federal, state, and local correctional and detention
facilities. The standards developed by the Commission for each category
of confinement facility address prevention and response planning;
prevention; detection and response; and monitoring. Each standard
developed by the Commission contains requirements that the Commission
believes should be mandatory. Accompanying each standard is an
assessment checklist, which is not considered mandatory by the
Commission but is designed as a tool to provide agencies and facilities
with examples of how to meet the requirements of the standards. The
Commission's assessment checklists, along with a glossary of terms and
discussion sections providing explanations for the rationale of the
standards and, in some cases, guidance for achieving compliance, are
available at https://www.ncjrs.gov/pdffiles1/226682.pdf (adult prisons
and jails), https://www.ncjrs.gov/pdffiles1/226684.pdf (juvenile
facilities), https://www.ncjrs.gov/pdffiles1/226683.pdf (community
corrections), and https://www.ncjrs.gov/pdffiles1/226685.pdf (lockups).
Pursuant to PREA, the final rule adopting national standards
``shall be based upon the independent judgment of the Attorney General,
after giving due consideration to the recommended national standards
provided by the Commission * * * and being informed by such data,
opinions, and proposals that the Attorney General determines to be
appropriate to consider.'' 42 U.S.C. 15607(a)(2). PREA expressly
mandates that the Department shall not establish a national standard
``that would impose substantial additional costs compared to the costs
presently expended by Federal, State, and local prison authorities.''
42 U.S.C. 15607(a)(3). The Department ``may, however, provide a list of
improvements for consideration by correctional facilities.'' 42 U.S.C.
15607(a)(3).
PREA Working Group
The Attorney General has established a PREA Working Group to review
each of the Commission's proposed standards and to prepare a draft
final rule. The Working Group includes representatives from a wide
range of Department components, including the Bureau of Justice
Assistance, the Bureau of Justice Statistics, the Federal Bureau of
Prisons, the Civil Rights Division, the National Institute of
Corrections, the National Institute of Justice, the Office of Legal
Policy, the Office of Legislative Affairs, the Office of Juvenile
Justice and Delinquency Prevention, the Office of Justice Programs, the
Office for Victims of Crime, and the Office on Violence Against Women.
The Working Group is completing an in-depth initial review of the
standards proposed by the Commission, and is currently examining
whether the Department may be able to implement certain standards on an
interim basis before a final rule is published.
The Working Group has conducted a number of listening sessions, at
which a wide variety of individuals and groups have provided
preliminary input prior to the start of the regulatory process.
Participants have included representatives of state and local prisons
and jails, juvenile facilities, community corrections programs,
lockups, state and local sexual abuse associations and service
providers, national advocacy groups, survivors of prison rape, and
members of the Commission.
Because PREA prohibits the Department from establishing a national
standard that would impose substantial additional costs compared to the
costs presently expended by federal, state, and local prison
authorities, 42 U.S.C. 15607(a)(3), the Department must carefully
examine the potential cost implications of the standards proposed by
the Commission. Accordingly, the Department has commissioned an
independent contractor to perform a cost analysis of the Commission's
proposed standards. The contractor is expected to complete the cost
analysis in the coming months.
The Department is also working to address the other recommendations
put forth by the Commission. For example, the Attorney General has
designated a Senior Counsel in the Office of the Deputy Attorney
General to monitor and coordinate the Department's PREA implementation
efforts. The Department is also in the process of developing a
corollary to the 2004 ``National Protocol for Sexual Assault Medical
Forensic Examinations'' that will be customized to the conditions of
confinement. In
[[Page 11079]]
addition, via a separate rulemaking process, the Department intends to
remove the current ban on Victims of Crime Act funding for treatment
and rehabilitation services for incarcerated victims of sexual abuse.
The Department's Request for Comments
The Department is soliciting public input on the Commission's
proposed national standards. The Department welcomes all comments,
including any comments addressing specific standards proposed by the
Commission. In addition, the Department specifically requests comments
regarding three general questions listed below.
1. The Commission's proposed standards are intended to prevent,
detect, and respond to ``sexual abuse,'' which is defined in the
glossary that precedes each checklist. PREA directed the Department to
publish a final rule adopting national standards for the detection,
prevention, reduction, and punishment of prison ``rape,'' which is
defined in section 10 of Public Law 108-79 (42 U.S.C. 15609(9)). What
would be the implications of referring to one term as opposed to the
other in the Department's consideration of the Commission's proposed
national standards?
2. PREA mandates that the Attorney General shall not establish a
national standard ``that would impose substantial additional costs
compared to the costs presently expended by Federal, State and local
prison authorities.'' Would any of the Commission's proposed standards
impose ``substantial additional costs''? How should any such standards
be revised so as not to impose such costs? The Department welcomes all
cost data or cost estimations that would help it determine whether
particular proposed standards would--or would not--impose substantial
additional costs. In assessing costs, please consider whether and to
what extent implementation of particular standards would mitigate costs
currently expended.
3. Should the Department consider differentiating within any of the
four categories of facilities for which the Commission proposed
standards (i.e., adult prisons and jails; juvenile facilities;
community corrections facilities; and lockups) with compliance
requirements dependent on size, personnel or resource limitations, or
any other factors?
Regulatory Certifications
This action is an Advance Notice of Proposed Rulemaking (ANPRM).
Accordingly, the requirement of Executive Order 12866 to assess the
costs and benefits of this action does not apply. Similarly, the
requirements of section 603 of the Regulatory Flexibility Act do not
apply to this action because, at this stage, it is an ANPRM and not a
``rule'' as defined in section 601 of the Regulatory Flexibility Act.
Following review of the comments received to this ANPRM, as the
Department promulgates a Notice of Proposed Rulemaking regarding this
issue, the Department will conduct all analyses required by the
Regulatory Flexibility Act, Executive Order 12866, and any other
statutes or Executive Orders relevant to those rules and in effect at
the time of promulgation.
Dated: March 3, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010-4907 Filed 3-9-10; 8:45 am]
BILLING CODE 44120-05-P; 4410-18-P