42 U.S.C. § 15603 : US Code - Section 15603: National prison rape statistics, data, and research

Search 42 U.S.C. § 15603 : US Code - Section 15603: National prison rape statistics, data, and research

(a) Annual comprehensive statistical review
(1) In general
The Bureau of Justice Statistics of the Department of Justice
(in this section referred to as the "Bureau") shall carry out,
for each calendar year, a comprehensive statistical review and
analysis of the incidence and effects of prison rape. The
statistical review and analysis shall include, but not be limited
to the identification of the common characteristics of -
(A) both victims and perpetrators of prison rape; and
(B) prisons and prison systems with a high incidence of
prison rape.
(2) Considerations
In carrying out paragraph (1), the Bureau shall consider -
(A) how rape should be defined for the purposes of the
statistical review and analysis;
(B) how the Bureau should collect information about staff-on-
inmate sexual assault;
(C) how the Bureau should collect information beyond inmate
self-reports of prison rape;
(D) how the Bureau should adjust the data in order to account
for differences among prisons as required by subsection (c)(3);
(E) the categorization of prisons as required by subsection
(c)(4); and
(F) whether a preliminary study of prison rape should be
conducted to inform the methodology of the comprehensive
statistical review.
(3) Solicitation of views
The Bureau of Justice Statistics shall solicit views from
representatives of the following: State departments of
correction; county and municipal jails; juvenile correctional
facilities; former inmates; victim advocates; researchers; and
other experts in the area of sexual assault.
(4) Sampling techniques
The review and analysis under paragraph (1) shall be based on a
random sample, or other scientifically appropriate sample, of not
less than 10 percent of all Federal, State, and county prisons,
and a representative sample of municipal prisons. The selection
shall include at least one prison from each State. The selection
of facilities for sampling shall be made at the latest
practicable date prior to conducting the surveys and shall not be
disclosed to any facility or prison system official prior to the
time period studied in the survey. Selection of a facility for
sampling during any year shall not preclude its selection for
sampling in any subsequent year.
(5) Surveys
In carrying out the review and analysis under paragraph (1),
the Bureau shall, in addition to such other methods as the Bureau
considers appropriate, use surveys and other statistical studies
of current and former inmates from a sample of Federal, State,
county, and municipal prisons. The Bureau shall ensure the
confidentiality of each survey participant, except as authorized
in paragraph (7).
(6) Participation in survey
Federal, State, or local officials or facility administrators
that receive a request from the Bureau under subsection (a)(4) or
(5) will be required to participate in the national survey and
provide access to any inmates under their legal custody.
(7) Reporting on child abuse and neglect
Nothing in section 3735 or 3789g of this title or any other
provision of law, including paragraph (5), shall prevent the
Bureau (including its agents), in carrying out the review and
analysis under paragraph (1), from reporting to the designated
public officials such information (and only such information)
regarding child abuse or child neglect with respect to which the
statutes or regulations of a State (or a political subdivision
thereof) require prompt reporting.
(b) Review Panel on Prison Rape
(1) Establishment
To assist the Bureau in carrying out the review and analysis
under subsection (a), there is established, within the Department
of Justice, the Review Panel on Prison Rape (in this section
referred to as the "Panel").
(2) Membership
(A) Composition
The Panel shall be composed of 3 members, each of whom shall
be appointed by the Attorney General, in consultation with the
Secretary of Health and Human Services.
(B) Qualifications
Members of the Panel shall be selected from among individuals
with knowledge or expertise in matters to be studied by the
Panel.
(3) Public hearings
(A) In general
The duty of the Panel shall be to carry out, for each
calendar year, public hearings concerning the operation of the
three prisons with the highest incidence of prison rape and the
two prisons with the lowest incidence of prison rape in each
category of facilities identified under subsection (c)(4). The
Panel shall hold a separate hearing regarding the three Federal
or State prisons with the highest incidence of prison rape. The
purpose of these hearings shall be to collect evidence to aid
in the identification of common characteristics of both victims
and perpetrators of prison rape, and the identification of
common characteristics of prisons and prison systems with a
high incidence of prison rape, and the identification of common
characteristics of prisons and prison systems that appear to
have been successful in deterring prison rape.
(B) Testimony at hearings
(i) Public officials
In carrying out the hearings required under subparagraph
(A), the Panel shall request the public testimony of Federal,
State, and local officials (and organizations that represent
such officials), including the warden or director of each
prison, who bears responsibility for the prevention,
detection, and punishment of prison rape at each entity, and
the head of the prison system encompassing such prison.
(ii) Victims
The Panel may request the testimony of prison rape victims,
organizations representing such victims, and other
appropriate individuals and organizations.
(C) Subpoenas
(i) Issuance
The Panel may issue subpoenas for the attendance of
witnesses and the production of written or other matter.
(ii) Enforcement
In the case of contumacy or refusal to obey a subpoena, the
Attorney General may in a Federal court of appropriate
jurisdiction obtain an appropriate order to enforce the
subpoena.
(c) Reports
(1) In general
Not later than June 30 of each year, the Attorney General shall
submit a report on the activities of the Bureau and the Review
Panel, with respect to prison rape, for the preceding calendar
year to -
(A) Congress; and
(B) the Secretary of Health and Human Services.
(2) Contents
The report required under paragraph (1) shall include -
(A) with respect to the effects of prison rape, statistical,
sociological, and psychological data;
(B) with respect to the incidence of prison rape -
(i) statistical data aggregated at the Federal, State,
prison system, and prison levels;
(ii) a listing of those institutions in the representative
sample, separated into each category identified under
subsection (c)(4) and ranked according to the incidence of
prison rape in each institution; and
(iii) an identification of those institutions in the
representative sample that appear to have been successful in
deterring prison rape; and
(C) a listing of any prisons in the representative sample
that did not cooperate with the survey conducted pursuant to
this section.
(3) Data adjustments
In preparing the information specified in paragraph (2), the
Attorney General shall use established statistical methods to
adjust the data as necessary to account for differences among
institutions in the representative sample, which are not related
to the detection, prevention, reduction and punishment of prison
rape, or which are outside the control of the State, prison, or
prison system, in order to provide an accurate comparison among
prisons. Such differences may include the mission, security
level, size, and jurisdiction under which the prison operates.
For each such adjustment made, the Attorney General shall
identify and explain such adjustment in the report.
(4) Categorization of prisons
The report shall divide the prisons surveyed into three
categories. One category shall be composed of all Federal and
State prisons. The other two categories shall be defined by the
Attorney General in order to compare similar institutions.
(d) Contracts and grants
In carrying out its duties under this section, the Attorney
General may -
(1) provide grants for research through the National Institute
of Justice; and
(2) contract with or provide grants to any other entity the
Attorney General deems appropriate.
(e) Authorization of appropriations
There are authorized to be appropriated $15,000,000 for each of
fiscal years 2004 through 2010 to carry out this section.