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.