The Prison Rape Elimination Act (PREA) was signed into law by President George W. Bush on September 4, 2003. This legislation requires the Bureau of Justice Statistics (BJS) to develop new national data collections on the incidence and prevalence of sexual violence within correctional facilities. PREA defines four categories of sexual abuse for purposes of data collection: abusive sexual contacts, non consensual sexual acts, staff sexual harassment and staff sexual misconduct.
Ware Youth Center is committed to a zero-tolerance standard for sexual assault. Ware Youth Center will aggressively respond to, investigate, and support the prosecution of sexual misconduct in all its facilities, both internally and externally in partnership with law enforcement and the courts.
A copy of the federal PREA law, Public Law 108-79, codified as 42 USC § 15601 can be found on the following website: http://www.gpo.gov/fdsys/pkg/PLAW-108publ79/pdf/PLAW-108publ79.pdf
PREA sets a standard that protects the Eighth Amendment right (Constitutional right prohibiting cruel or unusual punishment) of Federal, State, and local youth offenders. The goal of this law is to prevent, detect and respond to sexual abuse in confinement facilities. It also increases nation-wide data on sexual misconduct and sexual assaults on confined persons. PREA increases accountability for administrators who fail in their efforts to prevent, detect and respond to sexual misconduct and sexual assaults.
Louisiana has a specific criminal law on malfeasance in office for certain employees/agents dealing with confined persons. This State law on malfeasance in office is codified as Revised Statute § 14:134.1. It can be found at the following website:
Sexual battery LSA-R.S. § 14:43.1
Rape; defined LSA-R.S. § 14:41 and RS 14:41.1