New Connecticut Law Changes PREA Standards
by Michael Dean Thompson
Connecticut has enacted a law, PA 26-10, that strengthens its standards and codifies parts of the federal Prison Rape Elimination Act (PREA). The law took effect on July 1 of this year and requires that the commissioner of the Connecticut Department of Corrections (DOC) adopt regulations to implement the standard by January 1, 2027.
While the previous law merely required agencies to comply with “certain PREA standards” [PA 26-10], the new law actually codifies how some of the existing standards apply. It also requires that all sexual assault allegations be forwarded to the Office of Corrections Ombuds and adds a duty to intervene while ensuring immediate and ongoing access to trauma-informed care for the victims.
Advocates asked the legislature to incorporate parts of the PREA into state law in the wake of the Trump administration’s defunding of the National PREA Resource Center, which is responsible for training PREA auditors, maintaining the national audit system and providing technical assistance to agencies, which is an integral part of the national law’s infrastructure.
DeVaughn Ward is the state’s correctional ombudsman and supports the law. “Sexual violence in custody is not an unfortunate byproduct of incarceration,” he told legislators. “It is a constitutional breakdown. Individuals in state custody are wholly dependent on the state for their safety. When sexual abuse occurs inside a correctional facility, it is not merely misconduct by individual actors, it reflects a failure of the state’s constitutional obligation to protect those it has confined.”
Some advocates argue the new law does not go far enough, arguing that prisoners who have been sexually assaulted should be able to sue the state. Under current law, victims must exhaust every remedy prior to being eligible to ask the state’s Claims Commissioner for the ability to sue. It is a remarkably high bar according to Alex Taubes, an attorney who successfully represented a woman who was forced to perform sexual favors for guards who pulled her out of her cell in the middle of the night.
Rachel Mirsky headed an investigation by Disability Rights Connecticut (DRCT) that looked into the state’s PREA compliance. She told Connecticut Insider that many people are not aware they have to file a grievance to start the investigation process.
The DRCT investigation found “significant deficiencies” in how the DOC implements PREA. At York, the state’s only women’s prison, they found that 12 guards had been accused of sexually assaulting prisoners between 2021 and 2025. Of those guards, four were convicted while others were terminated or even allowed to resign.
Taubes’ client was shipped to Delaware after her complaint, taking her away from her attorney as well as friends and family. Thanks to a story by the Connecticut Insider and the request of some female legislators, she was returned. But that highlights the vulnerability of sexual assault victims, especially those who are less visible.
Beth Hamilton, executive director of the Alliance to End Sexual Violence, echoed Ward in her testimony to the legislature: “Incarcerated survivors are wholly dependant on correctional institutions for their safety, care, and ability to report harm, making them uniquely vulnerable to abuse, retaliation, and silence. When reporting systems fail, survivors have nowhere else to turn.”
Additional Source: Connecticut Insider
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