Prison Rape Elimination Act

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County Detention CenterThe Prison Rape Elimination Act (PREA) of 2003 is a federal law that prohibits sexual misconduct in correctional setting such as prisons, jails, lockups, juvenile facilities, and immigration detention facilities. PREA applies to all inmates, employees, contractors and volunteers. Under this law, sexual misconduct includes:

  • Inmate on inmate sexual assault and abuse
  • Staff on inmate sexual assault/abuse
  • Sexual harassment of inmates by staff or other inmates
  • Protection from retaliation for making a PREA report

Detention Center’s Role in the Prison Rape Elimination Act

The Doña Ana County Detention Center mandates zero tolerance toward all forms of sexual abuse and sexual harassment. Sexual abuse of a detainee and sexual harassment of a detainee are prohibited.

The Detention Center is committed to zero tolerance of any form of sexual abuse and sexual harassment in facilities it operates directly or with which it holds contracts for the confinement of detainees.

Report Sexual Abuse / Harassment

If you have information regarding a Doña Ana County Detention Center inmate who was the victim of sexual abuse or sexual harassment while under Doña Ana County Detention Center custody, please report it by contacting the PREA Coordinator at (575) 647-7604.  Messages are checked Monday – Friday between 8 a.m. – 5 p.m. Or write to:

NMCD PREA Coordinator
PO Box 639
Las Cruces, NM 88004

Policies

Laws and Regulations

Below are federal laws and codes, and state laws and regulations that apply to and/or relate to the Prison Rape Elimination Act (PREA).

Federal Laws & Code

  • Prison Rape Elimination Act of 2003
    From the U.S. Government Publishing Office (GPO) Public and Private Laws collection, 108th Congress, Public Law 79
  • PREA National Standards for Adult Prisons and Jails
    From the GPO's Electronic Code of Federal Regulations Title 28 Judicial Administration, Volume 2, Chapter I, Part 115, Subpart A
  • 42 USC 1997: Definitions
    From the United States Code (USC) Title 42-The Public Health & Welfare, Chapter 21-Civil Rights, Subchapter I-A-Institutionalized Persons. Referenced in DOC Policy 490.800 Adobe PDF File.

New Mexico Law

N.M. STAT. ANN. § 30-9-11 (West 2007).
Criminal sexual penetration. Regarding an inmate confined in a correctional facility or jail when the perpetrator is in a position of authority over the inmate

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