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