[Congressional Record Volume 145, Number 148 (Wednesday, October 27, 1999)]
[Extensions of Remarks]
[Page E2201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF THE PREVENTION OF SEXUAL MISCONDUCT BY CORRECTIONAL 
                               STAFF ACT

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                      Wednesday, October 27, 1999

  Ms. NORTON. Mr. Speaker, today I introduce the Prevention of Sexual 
Misconduct by Correctional Staff Act, a bill to protect female inmates 
from sexual misconduct while incarcerated in our nation's prisons. This 
bill follows a GAO investigation that I requested of the three largest 
prison systems--the federal Bureau of Prisons, the Texas Department of 
Criminal Justice, and the California Department of Corrections and, in 
addition, the District of Columbia, (1995-1998). I asked GAO to 
investigate these jurisdictions because they house one-third of the 
nation's 80,000 female inmates, and, therefore, are likely to reflect 
the range of problems women in prison face.
  The treatment of women incarcerated cries out for remedies. Let me 
summarize some of the most important findings in the GAO report:
  1. The full range of civil and criminal sexual misconduct and abuse 
was found: rape, improper touching, inappropriate visual surveillance, 
verbal harassment, and consensual sex, which is a crime when 
correctional personnel are involved.
  2. None of the four jurisdictions had readily available or 
comprehensive information that would allow them to effectively prevent 
and address sexual misconduct. Since jurisdictions do not collect and 
examine even basic information, such as the number, nature, and 
outcomes of sexual misconduct allegations, it is no wonder that they do 
little to prevent them. When attempts to track the abuse have been 
made, they often have been useless or dangerously incompetent. For 
example, the federal Bureau of Prison's (BOP) tracking system does not 
break down allegations of non-criminal sexual misconduct, such as 
indecent language from other allegations BOP classifies as 
``unprofessional conduct.'' The District of Columbia had no information 
on allegations.
  3. Only 41 states specifically punish criminal sexual misconduct by 
corrections personnel, and eight states treat sexual abuse by 
corrections officials as only a misdemeanor. Although the four 
jurisdictions studied have criminal laws against sexual misconduct by 
corrections personnel, only BOP reported prosecutions with convictions 
(14 prosecutions: rape, consensual sex with an inmate, and sex for 
money).
  4. The GAO reports that, ``Many correctional experts believe that the 
full extent of staff-on-inmate misconduct is likely underreported 
nationally due to the fear of retaliation and the vulnerability felt by 
female inmates.'' Nevertheless, 506 reported allegations of sexual 
misconduct were made in the past three years in the four jurisdictions. 
Only 18% were sustained. Most of the sustained allegations resulted in 
resignations or terminations. What ordinary citizens go to jail for, 
corrections personnel often can walk away from if they are willing to 
leave the job.
  5. Civil liability can be expected to mount if states do not 
substantially and immediately improve their efforts to illuminate 
sexual abuse. A $500,000 settlement paid by the BOP to three women in a 
suit alleging rape, being sold by guards for sex, and beatings are the 
tip of the iceberg.
  6. States have primary responsibility for the conduct of their own 
correctional staff, but the federal government is deeply implicated or 
complicit in two ways: (a) sexual abuse by guards, who have complete 
authority over inmates and are charged with their incarceration, often 
rises to the level of constitutional violations; and (b) the federal 
government gives financial assistance to state prison systems and 
therefore must be seen to condone constitutional violations in the face 
of this report unless appropriate requirements are attached to federal 
assistance.
  The Prevention of Sexual Misconduct by Correctional Staff Act I 
introduce today responds to the specific issues uncovered by the GAO 
report. It provides mandatory sexual harassment and abuse awareness 
training for prison officials and staff, establishes a system for women 
inmates to report abuses by correctional staff, creates a reporting 
system for submission to the states' attorneys general so that they can 
detect patterns of abuse, establishes a mechanism by which allegations 
of sexual misconduct can be investigated, and requires that each state 
have criminal penalties that explicitly prohibit custodial sexual 
misconduct by correctional staff. This bill provides that each state 
submit reports on the compliance of the state to the U.S. Attorney 
General.
  Women inmates should not be made to feel that sexual abuse and 
harassment is part of their sentence. I ask for your support to put an 
end to this violence against women.

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