Each year, state and territorial governors and the mayor of the District of Columbia have the opportunity to submit a certification that all confinement facilities under their operational control (not just those audited in the most recent audit year) are in full compliance with the PREA Standards.
Pursuant to a 2016 amendment to the PREA statute, governors submitting a certification must also provide the following documentation to DOJ:
- A list of facilities under the state executive branch’s operational control.
- A list of facilities under the state executive branch’s operational control that were audited during the most recent audit year.
- All final audit reports for facilities under the state executive branch’s operational control that were audited during the most recent audit year.
- A proposed schedule for completing audits of all facilities under the state executive branch’s operational control during the following three audit years.
If the governor is not able to certify to DOJ that the jurisdiction is in full compliance with the Standards, the jurisdiction will be subject to the loss of 5% of certain DOJ grant funds that it would otherwise receive.
The two DOJ grant programs subject to this statutory provision include:
- Edward Byrne Memorial Justice Assistance Grant Program administered by the Bureau of Justice Assistance, and
- Juvenile Justice and Delinquency Prevention Act Formula Grant Program administered by the Office of Juvenile Justice and Delinquency Prevention.
Pursuant to a PREA amendment under the Justice for All Reauthorization Act of 2016 (Public Law 114-324), the option for governors to submit an assurance in lieu of certifying full compliance with the PREA standards expired on December 16, 2022. Under certain conditions, the amendment permitted governors to submit an emergency assurance for an additional two years. The final opportunity to do so was for audit Year 2 of Cycle 4 (August 20, 2023 – August 19, 2024), which impacted FY 2025 DOJ grant funding. The deadline for submitting this final emergency assurance was October 15, 2024, and the assurance option is no longer available.
For more information about the Governor’s certification, visit the Bureau of Justice Assistance PREA page or contact the PREA Management Office by email at [email protected].
Visit the Bureau of Justice Assistance State PREA submissions site to see a list of Governors’ certification and assurance submissions and final audit reports for facilities that are under the operational control of state and territorial executive branches of government.