The Prison Rape Elimination Act of 2003 (PREA) requires prisons, jails and juvenile facilities to carry out a program designed to end sexual assault against prisoners. Sexual assault can be prisoner against prisoner, or prison staff against prisoners.
Texas is among states with the highest levels of inmate-on-inmate sexual assault allegations, including four out of the top 21 facilities between 2011 and 2012. However Texas will not sign on to the PREA Act. Instead, they have enacted their own system to prevent rape in prisons. Perry: Texas won’t comply with federal Prison Rape Elimination Act
Texas has not meant the standards as outlined in the PREA Act. Texas will not adopt the nationwide standards to prevent prison rape. TDCJ is understaffed and strapped for cash. And because Texas will not implement the PREA Act, they will lose funding from the DOJ. “The law’s only enforcement mechanism is a partial loss of grant funding. States that don’t comply with PREA can lose up to 5 percent of the federal grant money they receive for corrections.” Texas Opts Out Of Federal Prison Rape Law
The next step is federal oversight of the Texas Department of Criminal Justice.
When, not if.