On September 4, 2003, the Prison Rape Elimination Act of 2003 (PREA or the Act) was signed by the President (Public Law 108-79; see Attachment 1). The Act requires the Bureau of Justice Statistics (BJS) to "carry out, for each calendar year, a comprehensive statistical review and analysis of the incidence and effects of prison rape." The Act further instructs BJS to collect survey data: " the Bureau shall use surveys and other statistical studies of current and former inmates " The law was passed in part to overcome a shortage of available research on the incidence and prevalence of sexual violence within correctional facilities. The National Survey of Youth in Custody is the only national source of information on the number of sexual assault victims within juvenile correctional facilities. This part of the collection fulfills the legislative requirement to obtain data directly from youth in order to generate a facility level estimate of sexual assault.
US Code:
42 USC 3732
Name of Law: BJS Authorizing Legislation
PL:
Pub.L. 108 - 79 1
Name of Law: Prison Rape Elimination Act of 2003
US Code:
42 USC 3735
Name of Law: BJS Data Usage Policy
US Code:
42 USC 3789
Name of Law: Confidentiality Statute
The change in burden is due to the following reasons, the addition of the Facility Questionnaire and Living Unit Characteristics Worksheet and the reduction of estimated youth interviews.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.