Federal Prisons: Improvements Needed to Prevent, Detect, and Address Sexual Abuse
Fast Facts
The Bureau of Prisons is responsible for implementing the Prison Rape Elimination Act—a law meant to prevent, detect, and respond to sexual abuse in federal prisons.
The Department of Justice conducts triennial audits to determine compliance with the Act. The auditors check, for example, whether a prison offers multiple means to report sexual abuse, and whether there is signage about the Act posted throughout the prison. But there is no requirement for auditors to detect ongoing abuse. Some facilities have passed their audits despite widespread ongoing sexual abuse.
We made recommendations to address this and other issues we found.
Highlights
What GAO Found
Department of Justice (DOJ) preliminary data indicate there were approximately 8,500 reported allegations of sexual abuse in federal prisons from 2014 through 2022, the most recent year that aggregate data were available. These data include allegations of sexual abuse of incarcerated individuals, including alleged abuse perpetrated by other incarcerated individuals and by Bureau of Prisons (BOP) employees.
GAO identified challenges that could limit the effectiveness of BOP’s Prison Rape Elimination Act (PREA) audits, held every three years. These audits assess BOP facilities’ compliance with the National Standards to Prevent, Detect, and Respond to Prison Rape (PREA Standards) that were published by DOJ.
Challenges that Could Limit the Effectiveness of PREA Audits
- Audit Goals. The goal of the audits is to determine facilities’ compliance with the PREA Standards, not for auditors to detect ongoing sexual abuse at the facilities. For example, auditors review whether facilities have PREA policies in place and collect PREA data, but auditors have no specific instructions to detect whether there is ongoing abuse at the facilities. Some BOP facilities passed their PREA audits despite widespread ongoing sexual abuse.
- Audit Contract.BOP’s current contracting approach for PREA audits may create risks that result in audits not meeting requirements. For example, BOP’s contract for conducting PREA audits conflicts with the Auditor Handbook regarding the amount of time to spend conducting the audit. This poses risks that auditors might not have sufficient time for onsite tasks (e.g., interviewing incarcerated individuals and staff).
- Auditor Access. GAO identified challenges with auditors accessing BOP documentation during PREA audits. BOP has implemented a new file sharing system, but does not have a plan to evaluate whether the system will address this challenge.
By identifying options for audits to better detect ongoing sexual abuse in facilities, addressing risks in the audit contract, and evaluating its new file sharing system, BOP would be better positioned to ensure the effectiveness of its PREA audits.
The PREA Standards were implemented in 2012. Since their implementation, there have been significant technological advancements, changes to correctional practices, and lessons learned. Despite these developments, GAO found that the PREA Standards have not been updated to reflect these changes. By conducting a review of the PREA Standards, DOJ could identify opportunities to strengthen prevention, detection, and response to sexual abuse in correctional facilities.
Why GAO Did This Study
PREA was enacted to prevent, detect, and respond to sexual abuse in U.S. prisons and jails. BOP oversees about 141,000 incarcerated individuals. However, in recent years, several BOP employees have been convicted of sexually abusing incarcerated individuals at men’s and women’s facilities. Since 2022, nine BOP employees have been convicted of sexual abuse at one women’s facility, for example, including the warden and a chaplain.
GAO was asked to review BOP’s efforts to address prison rape. This report examines the (1) number of sexual abuse allegations in BOP facilities from 2014 through 2022, (2) extent that BOP leverages oversight mechanisms to detect sexual abuse, and (3) challenges BOP faces in facilitating the reporting process and reducing sexual abuse.
GAO reviewed relevant federal laws, BOP policies and documents, and data. GAO also interviewed BOP officials responsible for implementing PREA. In addition, GAO visited four BOP facilities to, among other things, conduct nongeneralizable interviews with incarcerated individuals and staff. GAO selected facilities based on variety in location, gender, and number of sexual abuse allegations.
Recommendations
GAO is making seven recommendations to DOJ, including improving the PREA audit process; addressing risks in the audit contracts; evaluating its new file sharing system; and reviewing the PREA Standards to better prevent, detect, and respond to sexual abuse. DOJ concurred with our recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Justice | The Attorney General should identify options that would enhance the ability of PREA audits to detect ongoing sexual abuse. (Recommendation 1) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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| Department of Justice | The Attorney General should ensure the BOP Director assesses and responds to risks that BOP's current contracting approach may result in audits that do not meet the requirements of the PREA Auditor Handbook. (Recommendation 2) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Justice | The Attorney General should ensure the BOP Director evaluates BOP's use of the Justice Enterprise File Sharing system to provide PREA auditors with sufficient access to audit documentation. (Recommendation 3) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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| Department of Justice | The Attorney General should ensure the BOP Director routinely analyzes facility-level PREA data to identify trends and other findings that may require targeted action. (Recommendation 4) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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| Department of Justice | The Attorney General should ensure the BOP Director publishes uniform facility-level data in its Annual PREA Report for allegations where an incarcerated individual was the perpetrator and allegations where a BOP employee was the perpetrator. (Recommendation 5) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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| Department of Justice | The Attorney General should ensure the BOP Director includes men's facilities in future cultural assessments. (Recommendation 6) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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| Department of Justice | The Attorney General should review the PREA Standards to identify opportunities to strengthen prevention, detection, and response to sexual abuse in correctional facilities. (Recommendation 7) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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