Prison Rape Elimination Act

PREA Coordinator

Jillian Shane

  • 575.523.3303

As the prevention of sexual assaults in prison is an operational priority for NMCD, the Office of the Inspector General coordinates the Department's compliance with the Prison Rape Elimination Act, gathering data on investigations into prison rape and reporting it to the US Department of Justice.

Allegations of prison rape can be reported by calling 575.523.3303 or NMCD-PREAReporting@state.nm.us

Prison Rape Elimination Act
Congress enacted the Prison Rape Elimination Act (PREA) in 2003. The purpose of the Act is to eliminate sexual assault and staff sexualabuse in prisons, jails, police lockups, private prisons, juvenile facilities and community confinement facilities. The Act calls for agencies to comply with the national standards proposed by the National Prison Rape Elimination Commission and promulgated by the Attorney General to eliminate sexual assault and sexual abuse.

Agencies must demonstrate zero tolerance not merely by words and written policy, but through their actions, including what they do to prevent sexual assault, sexual abuse and sexual harassment and the response when this occurs.

The national PREA standards for adult prisons became effective on August 20, 2012. Agencies had one year to comply with the standards.

New Mexico Corrections Department PREA Program:

The New Mexico Department of Corrections, (NMCD) has established a zero-tolerance policy for incidents of sexual assault, sexual abuse, and sexual harassment. It makes the prevention and elimination of sexual assault, sexual abuse, and sexual harassment a top priority.

NMCD designated a PREA Coordinator to oversee, coordinate and monitor implementation of these changes as well as be responsible to continually evaluate and seek out new methods to prevent and reduce sexual assault, sexual abuse, and sexual harassment within the department's facilities, private prisons, and parole.

How to Report Incidents of Sexual Assault or Sexual Abuse:

  1. Mail the PREA Coordinator at PO Box 639, Las Cruces, NM 88004.
  2. Send an email to NMCD-PREAReporting@state.nm.us
  3. Call the PREA Reporting line at 575-523-3303.
  4. Report the occurrence to any staff member verbally, via telephone or by mail

 NMCD has taken the following Prevention, Reporting and Investigative Efforts:

  • Requires forensic medical examinations be used whenever possible for sexual assaults.
  • Requires all NMCD staff, contract employees and volunteers to attend PREA basic training and annual refresher training.
  • Requires specialized training for first responders that covers crime scene preservation, avoiding contamination, following forensic evidence collection protocol as it applies to sexual assault victims and/or sexual predators. Other specialized training includes addressing the dynamics of sexual victimization, signs/symptoms associated with sexual violence and appropriate responses and interventions for victims of sexual abuse and/or sexual predators.
  • Uses a classification process to identify potential sexual vulnerability and sexually aggressive behavior in offenders.
  • Has a Facility PREA Facility Monitor at each facility.

Agreements with Outside Law Enforcement Agencies:
Except where otherwise provided in statutes and/or local law enforcement agreements, the Office of Professional Standards (OPS) will conduct all investigations into allegations of sexual assault, sexual abuse, and sexual harassment. Community correction facilities have an obligation to contact local law enforcement except for return to custody offenders.

Services offered to Victims:

  • Free, confidential rape crisis hotline
  • Mental Health counseling
  • Forensic Medical Exams performed by Sexual Assault Nurse Examiners
  • Provide victim advocacy/victim rights information if applicable
  • Provide the opportunity to report incidents to an agency outside NMCD
  • Monitoring for retaliation by the PREA Coordinator

Links:

CD-150100 Offender Protection Against Abuse and Sexual Misconduct Reporting Procedures

NMCD PREA Data

PREA standard 115.87 requires data be collected and aggregated on sexual assault, sexual abuse, and sexual harassment incidents for NMCD and private prisons. Aggregated data can be reviewed below:

Annual Assessment of NMCD's Progress in Addressing Sexual Abuse in 2012

Annual Assessment of NMCD's Progress in Addressing Sexual Abuse in 2013

Annual Assessment of NMCD's Progress in Addressing Sexual Abuse in 2014

PREA Audits

In accordance with PREA standards 115.401 Frequency and scope of audits and 115.403 Audit contents and findings.

115.401 Frequency and scope of audits.
During a three-year period starting on August 20, 2013, and during each three-year period thereafter, the agency shall ensure that each facility operated by the agency, or by a private organization on behalf of the agency, is audited at least once.
During each one-year period starting on August 20, 2013, the agency shall ensure that at least one-third of each facility type operated by the agency, or by a private organization on behalf of the agency, is audited. 
To maintain and ensure compliance, below you may find the audit reports to date:

OCPF PREA Audit 2014

GCCF PREA Audit 2014

NENMDF PREA Audit 2014

PNM PREA Audit 2014

WNMCF Audit 2015

NMWCF Audit 2015

SNMCF Audit 2015

LCCF Audit 2015

RCC Audit 2016

SCC Audit 2016

CNMCF Audit 2016

OTERO Audit 2017

PNM Audit 2017