OJJDP Combined FY 2021 and FY 2022 Invited To Apply - Prison Rape Elimination Act Reallocation Funds

OJP is committed to advancing work that promotes civil rights and racial equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety and protects the public from crime and evolving threats, and builds trust between law enforcement and the community

Congress passed the Prison Rape Elimination Act (PREA) in 2003 and intended that the Act would provide for the analysis of the incidents and effects of prison rape in federal, state, and local institutions and provide information, resources, recommendations, and funding to protect individuals from prison rape (see 34 U.S.C. § 30301-30309). In addition to mandating research on sexual assault in confinement facilities, PREA provided funding that the Bureau of Justice Assistance (BJA) and the National Institute of Corrections administer to support efforts across the nation to establish zero-tolerance cultures for sexual assault in confinement facilities. The law also directed the Attorney General to promulgate national standards for all such facilities, including prisons and local jails, police lockups, community confinement facilities, and youth facilities.

Among other things, PREA provides that unless the Governor certifies full compliance with the standards, a state may lose 5 percent of any DOJ grant funds that it would otherwise receive for prison purposes. In this case, the Governor may submit an assurance that the state will use the 5 percent only to achieve and certify full compliance with the standards in future years (34 U.S.C. § 30307(e)). OJJDP's Title II, Part B, Formula Grants Program is one of the DOJ grant programs subject to this requirement. Pursuant to PREA, the Governor has three options: (1) submit a certification that the state is in full compliance, (2) submit an assurance that the state will use not less than 5 percent of its DOJ funding for prison purposes (including its Title II, Part B, Formula Grant award) to adopt and achieve full compliance with the Standards, or (3) accept a 5-percent reduction in such grants (including its Title II, Part B, Formula Grant award). Each state's status of compliance with PREA, including certification letters signed by the Governor (as well as assurances), may be found at http://www.prearesourcecenter.org/.

OJJDP will calculate the PREA reallocated amount by reducing the state-retained portion of its Title II, Part B, Formula Grant funding by 5 percent. Funding for state advisory groups and funds passed through for local youth justice programming will not be subject to the 5-percent penalty.

Statutory Authority: 34 U.S.C. § 11131; 34 U.S.C. § 30307(e)