*LWOPrea

The Prison Rape Elimination Act, 42 U.S.C. 15601(2) is a Federal law recently adopted by multiple state prisons to avoid financial penalties. This law was designed to ensure the safety of those considered “vulnerable” by separating them from prisoners with a propensity for violence or a history of assaultive behavior. This gave birth to PREA assessments (or PREA scores): Potential Aggressor, Potential Victim, and No Score. These classifications are outlined in the MDOC -PREA Manual (April 24, 2017), pg. 13.

Did you know that PREA assessments can = and likely HAVE been = used as disciplinary or discriminatory tactics?

While these scores were intended to affect housing, bed, work, education, and program assignments as set forth in the National PREA Resource Center, pg. 2; MDOC – PREA Manual, pg. 13-14, the MDOC has been using these scores to limit the availability of jobs or denying prisoners jobs altogether. This means that some classified as Potential Aggressors can never work as Prisoner Observation Aides, Clerks, Law Library Aides, Photographer or Certified Peer Recovery Coaches. Even being a handicap aide requires a PREA “No Score” designation…although not all prisons enforce this rule.

Two people had their PREA score changed without after being transferred to another facility. These prisoners were never informed their scores changed, and was therefore unable to question why or challenge the change. Due to their designation and staff’s unwillingness to admit or correct the error, they can no longer access prestigious work assignments.

According to the Department of Justice, while it may be necessary to separate or segregate potential aggressors from potential victims, it should not be the default course of action. “Instead, facilities should determine how best to protect ALL inmates’ access to programming and work assignments while keeping people safe.” See 77 Fed. Reg. 115.43. “For example, the [MDOC] could make changes to staffing patterns or ratios during certain shifts or improve monitoring technology in facility blind spots.” National PREA Resource Center, pg. 8.

So how do you know your score or what criteria was considered?

As set forth by the National PREA Resource Center, a risk assessment must include criteria such as the inmates mental, physical, or developmental disability; age; physical build; previous incarceration; prior sex offenses; perceived sexuality and gender, etc. pg. 4. (This list is not exhaustive).

Because there was the obvious risk of over reliance or over classification, PREA assessments must be done at least once a year to determine whether the previous score is still valid. Yet, you would think any decision affecting your housing or employment options would require notice and the right to ensure accurate information is used.

Sadly these rights appear nonexistent in the MDOC. Being unable to earn adequate income or develop marketable skills for future release, what is a prisoner to do? I believe your ARUS’s and PC’s have a lot of explaining to do.