Prison Staff Safety Enhancement Act

Bill: 118-s-5062
Sponsor: full_name: Sen. Blackburn, Marsha [R-TN]
Introduced: 2024-09-17
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures

Assault and harassment offenses

Congressional oversight

Correctional facilities and imprisonment

Department of Justice

Government employee pay, benefits, personnel management

Government studies and investigations

Sex offenses
Latest action: action_date: 2024-12-20
text: Held at the desk.

Summaries:
action_date: 2024-09-17
action_desc: Introduced in Senate
text: <p><strong>Prison Staff Safety Enhancement Act</strong></p><p>This bill requires the Department of Justice to adopt national standards for the prevention, reduction, and punishment of sexual harassment and sexual assault by incarcerated individuals against correctional officers or other employees of the Bureau of Prisons.</p>

action_date: 2024-12-19
action_desc: Passed Senate
text: <p><strong>Prison Staff Safety Enhancement Act</strong></p><p>This bill establishes requirements for the Department of Justice (DOJ) and component agencies to assess and respond to incidents of sexual harassment and sexual assault by incarcerated individuals against Bureau of Prisons (BOP) staff.</p><p>Specifically, the&nbsp;bill requires DOJ&nbsp;to adopt national standards for the prevention, reduction, and punishment of sexual harassment and sexual assault by incarcerated individuals against correctional officers or other employees of the BOP.</p><p>Additionally, the bill requires the BOP to fully implement the recommendations of the DOJ Inspector General&nbsp;contained in the report titled <em>Evaluation of the Federal Bureau of Prisons’ Efforts to Address Sexual Harassment and Sexual Assault Committed by Inmates Toward Staff</em>.</p>

tv_txt: 118th CONGRESS 2d Session S. 5062 IN THE SENATE OF THE UNITED STATES AN ACT To address sexual harassment and sexual assault of Bureau of Prisons staff in prisons, and for other purposes.

1. Short title This Act may be cited as the Prison Staff Safety Enhancement Act . 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. 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.

Passed the Senate December 19 (legislative day, December 16), 2024. Secretary

tv_txt: II 118th CONGRESS 2d Session S. 5062 IN THE SENATE OF THE UNITED STATES September 17, 2024 Mrs. Blackburn (for herself and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To address sexual harassment and sexual assault of Bureau of Prisons staff in prisons, and for other purposes.

1. Short title This Act may be cited as the Prison Staff Safety Enhancement Act . 2. Addressing sexual harassment and sexual assault of Bureau of Prisons staff (a) Definitions In this section: (1) Correctional officer The term correctional officer has the meaning given the term in section 4051 of title 18, United States Code. (2) Inspector General The term Inspector General means the Inspector General of the Department of Justice. (3) Incarcerated individual The term incarcerated individual has the meaning given the term prisoner in section 4051 of title 18, United States Code. (4) 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. (5) 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) Review and analysis (1) In general Not later than 1 year after the date of enactment of this Act, the Inspector General shall carry out a comprehensive statistical review and analysis of the incidence and effects of sexual harassment and sexual assault perpetrated by incarcerated individuals against a correctional officer or other employee of the Bureau of Prisons. (2) Analysis The review and analysis required under paragraph (1) 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. (c) Report Not later than 180 days after completing the review and analysis under subsection (b)(1), the Inspector General shall submit to the Attorney General and to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that summarizes the findings of the review and analysis. (d) Rulemaking Not later than 1 year after receiving the report 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 of Prisons.