Implementing the Prison Rape Elimination Act

This memorandum directs all federal agencies operating confinement facilities to work with the Attorney General to propose rules implementing the Prison Rape Elimination Act (PREA) within 120 days, and finalize them within 240 days of proposal. It extends PREA's zero-tolerance standards beyond DOJ facilities to all federal confinement facilities, including those run by other agencies or private contractors.

Federal Register Open PDF 77 FR 30873

Impact dates

Date TBD
Agencies must finalize PREA rules after proposal
Sep 14, 2012
Agencies must propose PREA implementation rules

Key directives

All agencies with federal confinement facilities not already under DOJ final rule must work with Attorney General to propose PREA implementation rules
Proposed rules due within 120 days of memorandum date
Final rules due within 240 days of proposal
Implementation consistent with Executive Order 13175 (tribal consultation)

Who is ordered

Timeline

Immediate

Attorney General's final rule on national PREA standards published same day

Near term (90d)

Agencies must propose PREA implementation rules within 120 days

Long term

Agencies must finalize PREA rules within 240 days of proposal; ongoing compliance across all federal confinement facilities

Risks & tensions

240-day finalization clock starts from proposal date, not signing date, creating variable timeline across agencies
No explicit enforcement mechanism or consequences for non-compliance stated
Vague standard for what satisfies 'requirements of PREA' leaves implementation discretion to agencies
Private contractors operating federal facilities included but may lack direct regulatory leverage