As the Prison Rape Elimination Act (PREA) is being implemented in the detention centers and the Indiana Department of Correction, defense attorneys and probation officers should consider establishing a protocol to advise the children about their rights and to speak out if there are any issues. This advisement would give the child more potential contacts outside the staff at the facility, and the child may be more comfortable due to the past relationship with the attorney or probation officer. For defense attorneys, this could be rolled into the post-disposition interview when appellate rights, post-disposition hearings, modifications, and other matters are discussed. Minimally, attorneys and probation officer should be familiar with the facility’s PREA plan.
For more information, see the U.S. Department of Justice website, the National PREA Resource Center, and the report, Sexual Victimization in Prisons and Jails Reported by Inmates, 2011-12.