By C1 Staff
AUSTIN, Texas — In a three-paged letter to AG Eric Holder, Governor Rick Perry outlined the reasons why he would not be holding the Texas Department of Criminal Justice to PREA standards.
Hosted on the TDCJ union website, the letter states that PREA is inconsistent with other federal laws, such as labor laws and the Juvenile Justice and Delinquency Act.
“PREA’s ill-conceived standards on cross-gender viewing would likely cause the Texas Department of Criminal Justice (TDCJ) to violate state and federal labor laws that prohibit discrimination based on gender. Approximately 40 percent of TDCJ correctional officers at male units are female. Because PREA standards prohibit most cross-gender viewing, TDCJ would be compelled to deny female officers job assignments and promotion opportunities, simply based on their gender. A consultant referred to TDCJ by the PREA Resource Center absurdly suggested that TDCJ solve this problem by removing security cameras and obstructing lines of sight. That is ridiculous. Doing so would not only be a security risk for both prisoners and staff but also increase the likelihood of assaults taking place, defeating the intent of the law.”
Perry also outlined steps that the TDCJ has taken to eliminate sexual assaults in prisons, including the Safe Prisons Program, video surveillance and comprehensive sexual assault training for staff and offenders.
He stated that the Texas Juvenile Justice Department conducted vulnerability assessments, established zero tolerance policies, and enforced same-gender pat and search policies.
He ended his letter encouraging Washington to change the PREA standards, and said that Texas would continue the programs it had already implemented to reduce prison rapes.
The decision to not certify Texas prisons in compliance with PREA standards now means the TDCJ risks a loss of PREA funding. It may also open Texas up to federal court litigation and increase liability for the state and correctional staff.
PREA was signed into law by President George W. Bush in 2003; PREA audits started on August 20, 2013, and facilities must be in compliance within a 12-month period or risk loss of five percent of any DOJ grant funds that it would otherwise receive for prison purposes.
To read Governor Perry’s full letter, click here.