CMI's Prison Rape Elimination Act Policies

The Prison Rape Elimination Act (PREA), a federal law enacted in 2003, was created to eliminate sexual abuse in confinement. In addition to providing federal funding for research, programs, training, and technical assistance to address the issue, the legislation mandated the development of national standards. The National Prison Rape Elimination Commission developed recommended national standards for reducing prison rape. The final standards became effective June 20, 2012, when they were published by the Department of Justice (DOJ) in the Federal Register. More recently, the US Department of Homeland Security (DHS) released final standards for DHS confinement facilities, effective May 6, 2014.

CoreCivic has an Agency PREA Coordinator who is responsible for the development, implementation, and oversight essential to demonstrate compliance with the National PREA Standards. CoreCivic also has a PREA Compliance Manager at each facility.

The full text of the standards can be found at www.PREAResourceCenter.org.


All CMI programs have a Zero-Tolerance Policy for any Sexual Behavior. ALL SEXUAL BEHAVIOR IS PROHIBITED while under the jurisdiction/custody of a community corrections program. Sexual assault, sexual misconduct and sexual harassment of any type are PROHIBITED (referred to as Prohibited Sexual Behavior). Participation in sexual activity will be investigated and is subject to disciplinary sanctions.  All reports of prohibited sexual behavior may be referred to a law enforcement agency for investigation and referral to the district attorney office for criminal prosecution. These processes are outlined in CMI's PREA Policy, which is available here.

Standards § 115.254 and § 115.222 (b) of the Prison Rape Elimination Act (PREA) require all community confinement facilities to publically distribute information on how to report sexual abuse and sexual harassment on behalf of a client, and to publish policies that ensure allegations of sexual abuse or sexual harassment are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior.

Third Party Reporting

There are several ways to report incidents of sexual abuse or sexual harassment on behalf of a CMI client. 

If you have witnessed or you have knowledge of any incident of prohibited sexual behavior involving a CMI client, you may report incidents of prohibited sexual behavior or seek relief against retaliation by: 

  • Calling the toll-free CDOC (Colorado Department of Corrections) TIPS Line at 1-877-DOC-TIPS (1-877-362-8477) NOTE: this Line is available for all client legal statuses, not just CDOC clients.
  • Contacting local law enforcement 
  • Reporting the incident in writing or verbally to any employee, such as:
    • The client’s Case Manager
    • The client’s Program Director
    • The client’s Community Parole Officer (CPO)
    • The client’s Probation Liaison
    • Any CMI facility staff

All allegations of sexual abuse or sexual harassment involving potentially criminal behavior are referred for investigation to the local law enforcement agency which has the authority to conduct criminal investigations. In cases where the investigation is referred to the local law enforcement agency or the CDOC Inspector General Investigator: 

The Program Director or PREA Compliance Manager shall provide copies of reports and turn over all evidence collected to the investigating agency.

CMI staff shall cooperate fully with the investigating agency during the course of the investigation.

The program Director or PREA Compliance Manager shall maintain contact with the investigating agency during the course of the investigation to be informed of the progress and outcome. 

  • The program Director or PREA Compliance Manager shall notify all parties involved, including the victim(s), alleged perpetrator(s), CMI Administration and CMI’s PREA Coordinator, of the progress and outcome of the investigation.
  • The program Director or PREA Compliance Manager shall notify all required agencies of the progress and outcome of the investigation, including the local Community Corrections Board, Division of Criminal Justice, and the CDOC PREA Manager and the CPO (Community Parole Officer) for DOC clients or the Probation liaison for Diversion/Direct Sentence clients. 

Definitions

The following are definitions per the Department of Justice (DOJ) Survey of Sexual Violence (SSV):

Client on Client Sexual Victimization

Abusive Sexual Contact – Sexual contact of any person without his or her consent, or of a person who is unable to consent or refuse; AND intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person.

Nonconsensual Sexual Acts – Sexual contact of any person without his or her consent, or of a person who is unable to consent or refuse; AND contact between the penis and the vulva or the penis and the anus including penetration, however slight; OR contact between the mouth and the penis, vulva, or anus OR penetration of the anal or genital opening of another person however slight, by a hand, finger, object, or other instrument.

Sexual Harassment – Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gesture, or actions of a derogatory or offensive sexual nature by on inmate directed toward another. 

Staff-on-Client Sexual Abuse

Staff Sexual Misconduct – Any behavior or act of a sexual nature directed toward an inmate by an employee, volunteer, contractor, official visitor or other agency representative (exclude family, friends or other visitors).  

Sexual relationships of a romantic nature between staff and clients and included in this definition. Consensual or nonconsensual sexual acts include: Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks that is unrelated to official duties or with the intent to abuse, arouse, or gratify sexual desire; OR completed, attempted, threatened, or requested sexual acts; OR occurrences of indecent exposure, invasion of privacy, or staff voyeurism for reason unrelated to official duties or for sexual gratification.

Staff Sexual Harassment – Repeated verbal statements, comments, or gestures of a sexual nature to an inmate by an employee, volunteer, contractor, official visitor, or other agency representative (exclude family, friends, or other visitors). Include – Demeaning references to gender; or sexually suggestive or derogatory comments about body or clothing; OR repeated profane or obscene language or gestures.