Prison Staff Safety Enhancement Act
Officially: “Prison Staff Safety Enhancement Act” Read the full text
What it does
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1Short title
This section would let the Act be cited as the Prison Staff Safety Enhancement Act.
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1. Short title This Act may be cited as the Prison Staff Safety Enhancement Act .
2Findings
This section would state Congress's findings on sexual harassment and sexual assault of Bureau of Prisons staff by incarcerated individuals. Congress finds that in 2023 the Department of Justice's Office of the Inspector General released a report titled Evaluation of the Federal Bureau of Prisons' Efforts to Address Sexual Harassment and Sexual Assault Committed by Inmates Toward Staff. That report examined all sanctioned inmate sexual incidents in the Bureau of Prisons between fiscal years 2015 and 2021 and found that inmate-on-staff sexual harassment and sexual assault is widespread. The report also found that the Bureau does not collect adequate data on inmate-on-staff sexual harassment and sexual assault, and that because of this inadequate data the Bureau has not been able to identify the full scope of the problem. The report further found that the Bureau does not have systems to evaluate whether its strategies to reduce inmate-on-staff sexual harassment and sexual assault are working. The report made recommendations to the Bureau to fix these data-collection and mitigation failures, but as of this Act the Bureau has not carried out those recommendations.
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2. Findings Congress finds the following: (1) In 2023, the Office of the Inspector General of the Department of Justice released a report titled Evaluation of the Federal Bureau of Prisons’ Efforts to Address Sexual Harassment and Sexual Assault Committed by Inmates Toward Staff (in this section referred to as the Inspector General report ). (2) The Inspector General report examined all sanctioned inmate sexual incidents in the Bureau of Prisons (in this section referred to as the Bureau ) between fiscal years 2015 and 2021, and found that inmate-on-staff sexual harassment and sexual assault is widespread. (3) The Inspector General report further found that the Bureau does not collect adequate data on inmate-on-staff sexual harassment and sexual assault and that, because of the Bureau's inadequate data, the Bureau has not been able to identify the full scope of inmate-on-staff sexual harassment and sexual assault. (4) The Inspector General report further found that the Bureau does not have systems to evaluate the effectiveness of the Bureau's strategies to mitigate inmate-on-staff sexual harassment and sexual assault. (5) The Inspector General report made recommendations to the Bureau to address the failures in the Bureau's data collection and mitigation efforts, but the Bureau has not implemented these recommendations.
3Addressing sexual harassment and sexual assault of Bureau of Prisons staff
This section would set definitions and a three-step process to address inmate sexual harassment and sexual assault of Bureau of Prisons staff. For this section, Bureau means the Bureau of Prisons; correctional officer has the meaning given that term in section 4051 of title 18, United States Code; Inspector General means the Inspector General of the Department of Justice; incarcerated individual has the meaning given to the term prisoner in section 4051 of title 18, United States Code; sexual assault means an act described in subsection (b), (c), or (d) of section 920 of title 10, United States Code; and sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. Not later than 90 days after enactment, the Bureau would have to fully implement each recommendation in the Inspector General's 2023 report described in section 2. If the Bureau has not fully implemented each recommendation by that 90-day deadline, the Bureau would have to submit a report to Congress by that same deadline explaining the failure to fully implement each recommendation and giving a detailed timeline for full implementation. Not later than 1 year after the date the Bureau has fully implemented each recommendation, the Inspector General would have to request, and the Bureau would have to provide, updated data on the number and prevalence of sexual harassment and sexual assault incidents committed by incarcerated individuals against a correctional officer or other Bureau employee during fiscal years 2022 through 2025; the Inspector General would then have to analyze that data; and the Inspector General would have to give Congress and the Attorney General the analysis and any additional recommendations, including an analysis of whether the Bureau has taken sufficient steps to identify the prevalence and scope of such incidents and to mitigate them. That required analysis would also have to include an analysis of punishments for sexual harassment and sexual assault, as of the date of enactment, in facilities controlled by the Bureau of Prisons, including data on the use of such punishments during the 5-year period before enactment. Not later than 1 year after receiving that analysis, the Attorney General would have to issue a rule adopting national standards for preventing, reducing, and punishing sexual harassment and sexual assault committed by an incarcerated individual against a correctional officer or other Bureau employee.
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3. Addressing sexual harassment and sexual assault of Bureau of Prisons staff (a) Definitions In this section: (1) Bureau The term Bureau means the Bureau of Prisons. (2) Correctional officer The term correctional officer has the meaning given the term in section 4051 of title 18, United States Code. (3) Inspector General The term Inspector General means the Inspector General of the Department of Justice. (4) Incarcerated individual The term incarcerated individual has the meaning given the term prisoner in section 4051 of title 18, United States Code. (5) Sexual assault The term sexual assault means an act described in subsection (b), (c), or (d) of section 920 of title 10, United States Code. (6) Sexual harassment The term sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that explicitly or implicitly affect an individual’s employment, unreasonably interfere with an individual’s work performance, or create an intimidating, hostile, or offensive work environment. (b) Implementation of recommendations by Bureau (1) In general Not later than 90 days after the date of enactment of this Act, the Bureau shall fully implement each recommendation in the report released by the Inspector General in 2023 titled Evaluation of the Federal Bureau of Prisons’ Efforts to Address Sexual Harassment and Sexual Assault Committed by Inmates Toward Staff . (2) Report If the Bureau has not fully implemented each recommendation referenced in paragraph (1) by the deadline under that paragraph, the Bureau shall submit a report to Congress by that deadline that includes an explanation of the failure to fully implement each recommendation and a detailed timeline for full implementation. (c) Data analysis by Inspector General (1) In general Not later than 1 year after the date as of which the Bureau has fully implemented each recommendation referenced in subsection (b)(1)— (A) the Inspector General shall request from the Bureau, and the Bureau shall provide, updated data on the number and prevalence of sexual harassment and sexual assault incidents perpetrated by incarcerated individuals against a correctional officer or other employee of the Bureau during fiscal years 2022 through 2025; (B) the Inspector General shall conduct an analysis of the data described in subparagraph (A); and (C) the Inspector General shall provide Congress and the Attorney General with the analysis conducted under subparagraph (B) and any additional recommendations, including analysis of whether the Bureau has taken sufficient steps to identify the prevalence and scope of sexual harassment and sexual assault incidents perpetrated by incarcerated individuals against a correctional officer or other employee of the Bureau and to mitigate such incidents. (2) Analysis of punishments The analysis required under paragraph (1)(C) shall include an analysis of punishments for sexual harassment and sexual assault as of the date of enactment of this Act in facilities controlled by the Bureau of Prisons, including data on the use of such punishments during the 5-year period preceding the date of enactment of this Act. (d) Rulemaking by Attorney General Not later than 1 year after receiving the analysis under subsection (c), the Attorney General shall promulgate a rule adopting national standards for prevention, reduction, and punishment of sexual harassment and sexual assault perpetrated by an incarcerated individual against a correctional officer or other employee of the Bureau.
Where it is
In the Senate.