Page:United States Statutes at Large Volume 117.djvu/994

 PUBLIC LAW 108–79—SEPT. 4, 2003

117 STAT. 975

(6) increase the accountability of prison officials who fail to detect, prevent, reduce, and punish prison rape; (7) protect the Eighth Amendment rights of Federal, State, and local prisoners; (8) increase the efficiency and effectiveness of Federal expenditures through grant programs such as those dealing with health care; mental health care; disease prevention; crime prevention, investigation, and prosecution; prison construction, maintenance, and operation; race relations; poverty; unemployment; and homelessness; and (9) reduce the costs that prison rape imposes on interstate commerce. SEC. 4. NATIONAL PRISON RAPE STATISTICS, DATA, AND RESEARCH.

42 USC 15603.

(a) ANNUAL COMPREHENSIVE STATISTICAL REVIEW.— (1) IN GENERAL.—The Bureau of Justice Statistics of the Department of Justice (in this section referred to as the ‘‘Bureau’’) shall carry out, for each calendar year, a comprehensive statistical review and analysis of the incidence and effects of prison rape. The statistical review and analysis shall include, but not be limited to the identification of the common characteristics of— (A) both victims and perpetrators of prison rape; and (B) prisons and prison systems with a high incidence of prison rape. (2) CONSIDERATIONS.—In carrying out paragraph (1), the Bureau shall consider— (A) how rape should be defined for the purposes of the statistical review and analysis; (B) how the Bureau should collect information about staff-on-inmate sexual assault; (C) how the Bureau should collect information beyond inmate self-reports of prison rape; (D) how the Bureau should adjust the data in order to account for differences among prisons as required by subsection (c)(3); (E) the categorization of prisons as required by subsection (c)(4); and (F) whether a preliminary study of prison rape should be conducted to inform the methodology of the comprehensive statistical review. (3) SOLICITATION OF VIEWS.—The Bureau of Justice Statistics shall solicit views from representatives of the following: State departments of correction; county and municipal jails; juvenile correctional facilities; former inmates; victim advocates; researchers; and other experts in the area of sexual assault. (4) SAMPLING TECHNIQUES.—The review and analysis under paragraph (1) shall be based on a random sample, or other scientifically appropriate sample, of not less than 10 percent of all Federal, State, and county prisons, and a representative sample of municipal prisons. The selection shall include at least one prison from each State. The selection of facilities for sampling shall be made at the latest practicable date prior to conducting the surveys and shall not be disclosed to any facility or prison system official prior to the time period studied in the survey. Selection of a facility for sampling during any

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