Prison Rape Elimination Act

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In September 2003, Congress enacted the Prison Rape Elimination Act (PREA). The purpose of the act is to establish a zero-tolerance standard regarding sexual abuse and sexual harassment of offenders within a correctional setting. PREA applies to all federal, state and local prisons, jails, lockups, private institutions and community residential facilities. PREA addresses all types of sexual misconduct in which an offender is the victim, including abuse by fellow offenders as well as sexual misconduct committed by staff.

Sexual abuse and sexual harassment in correctional institutions affects offenders, staff and even the public.

The act established a national panel to develop a set of national standards and required the U.S. Attorney General to review and publish a final set of PREA Standards.

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PREA policies

SDDOC PREA Policy

The South Dakota Department of Corrections (SDDOC) has enacted policies to establish a zero-tolerance of sexual abuse and sexual harassment in all of its facilities and to ensure that all allegations of sexual abuse or sexual harassment are referred for investigation.

You can view the following policies by visiting the Policies page and search for:

1100-01 Prison Rape Elimination Act
100-12 Screening of Staff, Volunteers and Contractors for Prior Sexual Abuse
500-04 Grievance Procedures

Reporting sexual abuse/harassment

Reporting Sexual Abuse and Sexual Harassment

All offenders have the right to be free of abuse while in a SDDOC facility. The SDDOC will cooperate in the criminal investigation conducted by the Division of Criminal Investigation (DCI) and prosecution of anyone involved in a sexual abuse of an offender in a SDDOC facility or placement. Due to the serious nature of sexual abuse, anyone knowledgeable of an offender-on-offender or staff-on-offender sexual abuse that occurs within a SDDOC correctional facility is encouraged to immediately report the allegation so that action can be taken to ensure their safety. The SDDOC will respond to all reports and steps will be taken to protect the victim.

Although not mandatory, it is preferable that inquiries be submitted in writing. In the event of eminent harm, phone numbers are provided for immediate action.

When an alleged criminal act is committed against a juvenile in any juvenile institution, the allegation is reported to both the Department of Social Services as a report of Abuse and Neglect and to the DCI to begin a criminal investigation.

In adult institutions, the Office of Special Security investigates each and every allegation of sexual abuse or harassment. They will collaborate with DCI to determine when the case will be turned over for further DCI investigation and/or referral for prosecution. The identity of anyone making a report will remain confidential. All reports are investigated thoroughly and taken very seriously. The sharing of information pertaining to the alleged sexual abuse and identity of the victim will be limited to those who must know. Sharing information regarding the victim and/or incident shall be conducted in a manner that is in accordance with all applicable policies, state statutes, and professional licensure and ethics standards.

To report an incident of sexual abuse or harassment of an inmate or juvenile offender, the public may use the following contact information:

DOC-Adult Division
PREA COORDINATOR
PO Box 5911
Sioux Falls, SD 57117
(605) 367-4496
DOC.ADULTPREA@state.sd.us

To review the reporting procedures for SD DOC adult facilities, see the following brochures:

Annual Reports

Facility audit reports

SDDOC PREA Audit Results

2014 STAR Academy PREA Audit

2016 South Dakota State Penitentiary PREA Audit

2017 Women's Prison PREA Audit

2019 South Dakota State Penitentiary PREA Audit

2022 South Dakota State Penitentiary PREA Audit

South Dakota Department of Corrections, SD

Prison Rape Elimination Act

SDDOC PREA Policy

Reporting Sexual Abuse and Sexual Harassment

SDDOC Annual Review of PREA Effectiveness

SDDOC PREA Audit Results