42 U.S.C. § 15606 : US Code - Section 15606: National Prison Rape Elimination Commission

Search 42 U.S.C. § 15606 : US Code - Section 15606: National Prison Rape Elimination Commission

(a) Establishment
There is established a commission to be known as the National
Prison Rape Elimination Commission (in this section referred to as
the "Commission").
(b) Members
(1) In general
The Commission shall be composed of 9 members, of whom -
(A) 3 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the House of
Representatives, unless the Speaker is of the same party as the
President, in which case 1 shall be appointed by the Speaker of
the House of Representatives and 1 shall be appointed by the
minority leader of the House of Representatives;
(C) 1 shall be appointed by the minority leader of the House
of Representatives (in addition to any appointment made under
subparagraph (B));
(D) 2 shall be appointed by the majority leader of the
Senate, unless the majority leader is of the same party as the
President, in which case 1 shall be appointed by the majority
leader of the Senate and 1 shall be appointed by the minority
leader of the Senate; and
(E) 1 member appointed by the minority leader of the Senate
(in addition to any appointment made under subparagraph (D)).
(2) Persons eligible
Each member of the Commission shall be an individual who has
knowledge or expertise in matters to be studied by the
Commission.
(3) Consultation required
The President, the Speaker and minority leader of the House of
Representatives, and the majority leader and minority leader of
the Senate shall consult with one another prior to the
appointment of the members of the Commission to achieve, to the
maximum extent possible, fair and equitable representation of
various points of view with respect to the matters to be studied
by the Commission.
(4) Term
Each member shall be appointed for the life of the Commission.
(5) Time for initial appointments
The appointment of the members shall be made not later than 60
days after September 4, 2003.
(6) Vacancies
A vacancy in the Commission shall be filled in the manner in
which the original appointment was made, and shall be made not
later than 60 days after the date on which the vacancy occurred.
(c) Operation
(1) Chairperson
Not later than 15 days after appointments of all the members
are made, the President shall appoint a chairperson for the
Commission from among its members.
(2) Meetings
The Commission shall meet at the call of the chairperson. The
initial meeting of the Commission shall take place not later than
30 days after the initial appointment of the members is
completed.
(3) Quorum
A majority of the members of the Commission shall constitute a
quorum to conduct business, but the Commission may establish a
lesser quorum for conducting hearings scheduled by the
Commission.
(4) Rules
The Commission may establish by majority vote any other rules
for the conduct of Commission business, if such rules are not
inconsistent with this chapter or other applicable law.
(d) Comprehensive study of the impacts of prison rape
(1) In general
The Commission shall carry out a comprehensive legal and
factual study of the penalogical, physical, mental, medical,
social, and economic impacts of prison rape in the United States
on -
(A) Federal, State, and local governments; and
(B) communities and social institutions generally, including
individuals, families, and businesses within such communities
and social institutions.
(2) Matters included
The study under paragraph (1) shall include -
(A) a review of existing Federal, State, and local government
policies and practices with respect to the prevention,
detection, and punishment of prison rape;
(B) an assessment of the relationship between prison rape and
prison conditions, and of existing monitoring, regulatory, and
enforcement practices that are intended to address any such
relationship;
(C) an assessment of pathological or social causes of prison
rape;
(D) an assessment of the extent to which the incidence of
prison rape contributes to the spread of sexually transmitted
diseases and to the transmission of HIV;
(E) an assessment of the characteristics of inmates most
likely to commit prison rape and the effectiveness of various
types of treatment or programs to reduce such likelihood;
(F) an assessment of the characteristics of inmates most
likely to be victims of prison rape and the effectiveness of
various types of treatment or programs to reduce such
likelihood;
(G) an assessment of the impacts of prison rape on
individuals, families, social institutions and the economy
generally, including an assessment of the extent to which the
incidence of prison rape contributes to recidivism and to
increased incidence of sexual assault;
(H) an examination of the feasibility and cost of conducting
surveillance, undercover activities, or both, to reduce the
incidence of prison rape;
(I) an assessment of the safety and security of prison
facilities and the relationship of prison facility construction
and design to the incidence of prison rape;
(J) an assessment of the feasibility and cost of any
particular proposals for prison reform;
(K) an identification of the need for additional scientific
and social science research on the prevalence of prison rape in
Federal, State, and local prisons;
(L) an assessment of the general relationship between prison
rape and prison violence;
(M) an assessment of the relationship between prison rape and
levels of training, supervision, and discipline of prison
staff; and
(N) an assessment of existing Federal and State systems for
reporting incidents of prison rape, including an assessment of
whether existing systems provide an adequate assurance of
confidentiality, impartiality and the absence of reprisal.
(3) Report
(A) Distribution
Not later than 3 years after the date of the initial meeting
of the Commission, the Commission shall submit a report on the
study carried out under this subsection to -
(i) the President;
(ii) the Congress;
(iii) the Attorney General;
(iv) the Secretary of Health and Human Services;
(v) the Director of the Federal Bureau of Prisons;
(vi) the chief executive of each State; and
(vii) the head of the department of corrections of each
State.
(B) Contents
The report under subparagraph (A) shall include -
(i) the findings and conclusions of the Commission;
(ii) recommended national standards for reducing prison
rape;
(iii) recommended protocols for preserving evidence and
treating victims of prison rape; and
(iv) a summary of the materials relied on by the Commission
in the preparation of the report.
(e) Recommendations
(1) In general
In conjunction with the report submitted under subsection
(d)(3), the Commission shall provide the Attorney General and the
Secretary of Health and Human Services with recommended national
standards for enhancing the detection, prevention, reduction, and
punishment of prison rape.
(2) Matters included
The information provided under paragraph (1) shall include
recommended national standards relating to -
(A) the classification and assignment of prisoners, using
proven standardized instruments and protocols, in a manner that
limits the occurrence of prison rape;
(B) the investigation and resolution of rape complaints by
responsible prison authorities, local and State police, and
Federal and State prosecution authorities;
(C) the preservation of physical and testimonial evidence for
use in an investigation of the circumstances relating to the
rape;
(D) acute-term trauma care for rape victims, including
standards relating to -
(i) the manner and extent of physical examination and
treatment to be provided to any rape victim; and
(ii) the manner and extent of any psychological
examination, psychiatric care, medication, and mental health
counseling to be provided to any rape victim;
(E) referrals for long-term continuity of care for rape
victims;
(F) educational and medical testing measures for reducing the
incidence of HIV transmission due to prison rape;
(G) post-rape prophylactic medical measures for reducing the
incidence of transmission of sexual diseases;
(H) the training of correctional staff sufficient to ensure
that they understand and appreciate the significance of prison
rape and the necessity of its eradication;
(I) the timely and comprehensive investigation of staff
sexual misconduct involving rape or other sexual assault on
inmates;
(J) ensuring the confidentiality of prison rape complaints
and protecting inmates who make complaints of prison rape;
(K) creating a system for reporting incidents of prison rape
that will ensure the confidentiality of prison rape complaints,
protect inmates who make prison rape complaints from
retaliation, and assure the impartial resolution of prison rape
complaints;
(L) data collection and reporting of -
(i) prison rape;
(ii) prison staff sexual misconduct; and
(iii) the resolution of prison rape complaints by prison
officials and Federal, State, and local investigation and
prosecution authorities; and
(M) such other matters as may reasonably be related to the
detection, prevention, reduction, and punishment of prison
rape.
(3) Limitation
The Commission shall not propose a recommended standard that
would impose substantial additional costs compared to the costs
presently expended by Federal, State, and local prison
authorities.
(f) Consultation with accreditation organizations
In developing recommended national standards for enhancing the
detection, prevention, reduction, and punishment of prison rape,
the Commission shall consider any standards that have already been
developed, or are being developed simultaneously to the
deliberations of the Commission. The Commission shall consult with
accreditation organizations responsible for the accreditation of
Federal, State, local or private prisons, that have developed or
are currently developing standards related to prison rape. The
Commission will also consult with national associations
representing the corrections profession that have developed or are
currently developing standards related to prison rape.
(g) Hearings
(1) In general
The Commission shall hold public hearings. The Commission may
hold such hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under this section.
(2) Witness expenses
Witnesses requested to appear before the Commission shall be
paid the same fees as are paid to witnesses under section 1821 of
title 28. The per diem and mileage allowances for witnesses shall
be paid from funds appropriated to the Commission.
(h) Information from Federal or State agencies
The Commission may secure directly from any Federal department or
agency such information as the Commission considers necessary to
carry out its duties under this section. The Commission may request
the head of any State or local department or agency to furnish such
information to the Commission.
(i) Personnel matters
(1) Travel expenses
The members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of
title 5 while away from their homes or regular places of business
in the performance of service for the Commission.
(2) Detail of Federal employees
With the affirmative vote of 2/3 of the Commission, any
Federal Government employee, with the approval of the head of the
appropriate Federal agency, may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status, benefits, or
privileges.
(3) Procurement of temporary and intermittent services
Upon the request of the Commission, the Attorney General shall
provide reasonable and appropriate office space, supplies, and
administrative assistance.
(j) Contracts for research
(1) National Institute of Justice
With a 2/3 affirmative vote, the Commission may select
nongovernmental researchers and experts to assist the Commission
in carrying out its duties under this chapter. The National
Institute of Justice shall contract with the researchers and
experts selected by the Commission to provide funding in exchange
for their services.
(2) Other organizations
Nothing in this subsection shall be construed to limit the
ability of the Commission to enter into contracts with other
entities or organizations for research necessary to carry out the
duties of the Commission under this section.
(k) Subpoenas
(1) Issuance
The Commission may issue subpoenas for the attendance of
witnesses and the production of written or other matter.
(2) 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.
(3) Confidentiality of documentary evidence
Documents provided to the Commission pursuant to a subpoena
issued under this subsection shall not be released publicly
without the affirmative vote of 2/3 of the Commission.
(l) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out this section.
(m) Termination
The Commission shall terminate on the date that is 60 days after
the date on which the Commission submits the reports required by
this section.
(n) Exemption
The Commission shall be exempt from the Federal Advisory
Committee Act.