Section 1 Short title
This Act may be cited as the “PREA Rights Enforcement Act of 2022”.
PREA Rights Enforcement Act of 2022
A BILL
To create a civil action to enforce the standards promulgated under the Prison Rape Elimination Act of 2003, and for other purposes.
Sec. 2 Prison Rape Elimination Act cause of action
by amending subsection (b) to read as follows:
“(b) Applicability to Federal Bureau of Prisons—The standards adopted under subsection (a) shall apply to facilities operated by the Federal Bureau of Prisons and to facilities operated under contract with the Federal Bureau of Prisons.”
in subsection (e)(2)(A)(i), by inserting “and has in effect a law that authorizes a cause of action for violation of such standards, which is substantially similar to the cause of action under subsection (f)” before the semicolon; and
by adding at the end the following:
“(f) Violations
“(1) Cause of action
“(A) In general—In any case of an alleged violation of the national standards in effect for the Bureau of Prisons, the Department of Health and Human Services, or the Department of Homeland Security, with respect to facilities operated by, or operated under contract with, any such agency, a person aggrieved by such a violation may bring a civil action against the United States in an appropriate district court for declaratory or injunctive relief, after exhausting the procedures under paragraph (2), as applicable.
“(B) Attorney’s fees—In a civil action under this subsection, the court may allow the prevailing party (other than the United States) reasonable attorney’s fees, including litigation expenses and costs.
“(2) Notice
“(A) In general—A person aggrieved by an alleged violation of the national standards in effect for the Bureau of Prisons, the Department of Health and Human Services, and the Department of Homeland Security, may provide written notice of each such alleged violation to a PREA Compliance Manager or PREA Coordinator.
“(B) Opportunity to correct—Not later than 10 days after a notice is submitted to a PREA Compliance Manager or PREA Coordinator pursuant to subparagraph (A), such manager or coordinator shall—
“(i) determine whether a violation has occurred; and
“(ii) correct any violation determined to have occurred.
“(C) Special circumstances—Notwithstanding paragraph (1)(A), exhaustion of the procedures under this paragraph shall not be required with respect to any allegation of a violation for which the aggrieved person shows the existence of special circumstances making written notice to the PREA Compliance Manager or PREA Coordinator impracticable or likely to be harmful, including due to—
“(i) illiteracy;
“(ii) intellectual disability;
“(iii) developmental age, in the case of individuals who were under 18 years of age at the time of the offense;
“(iv) lack of access to writing implements due to restrictive housing;
“(v) imminent risk of serious bodily harm or death of the aggrieved person; or
“(vi) allegations of personal misconduct by the PREA Compliance Manager or PREA Coordinator.
“(3) Removing certain requirements of suits by prisoners—Any action brought under this subsection is not subject to section 7 of the Civil Rights of Institutionalized Persons Act.
“(4) Definitions—In this subsection:
“(A) PREA Compliance Manager—The term “PREA Compliance Manager” means an individual who works collaboratively with the PREA Coordinator to oversee and sustain an agency’s compliance with the Prison Rape Elimination Act program in a specific facility.
“(B) PREA Coordinator—The term “PREA Coordinator” means an individual who has the authority to oversee the design and implementation of the Prison Rape Elimination Act program for each facility in an agency’s jurisdiction.”
Effective date— This Act and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act, and shall apply with respect to violations occurring in fiscal year 2024 and every fiscal year thereafter.