Compliance

The PREA Standards establish an audit process that is designed to assess compliance not only through written policies and procedures but also whether such policies and procedures are reflected in the knowledge and day-to-day practices of staff at all levels. Therefore, an agency must be compliant not only in policy but must also demonstrate institutionalization of the Standards in its day-to-day practices. An agency or facility which is unable to demonstrate compliance in practice, or which provides substantially conflicting information or evidence regarding compliance, has failed to meet its burden under §115.401(e).

When considering whether or not a facility is in compliance with a particular Standard, auditors must consider all relevant evidence, including the auditor’s observations of routine practices in the facility, what the auditor learned in the course of interviewing staff and inmates, and information contained in documentation that the auditor reviewed.

It is important to note, if a facility is out of compliance with any provision of a Standard, the facility is out of compliance with the entire Standard.