The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“PRISON RAPE ELIMINATION ACT OF 2003” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S10032-S10033 on July 28, 2003.
The publication is reproduced in full below:
PRISON RAPE ELIMINATION ACT OF 2003
Mr. SESSIONS. Mr. President, I wish to say a few words about legislation that just cleared the House. It is something I think is healthy and good. It is the Prison Rape Elimination Act of 2003. I worked with Senator Kennedy to hammer out legislation that I think is important. We have different political philosophies, but we have come together on this issue. Also, in the House, Congressmen Frank Wolf and Bobby Scott worked together to move the legislation through their body. As a Federal prosecutor for 15 years and as an attorney general for Alabama, I sent many guilty criminals to prison where they belong. I believe they should be treated fairly in court, and I treated them fairly. I also believe they should be treated fairly in prison.
Most prison wardens and sheriffs are outstanding public servants. They do a fine job of supervising inmates, and I respect them and commend them for the work they do. However, knowingly subjecting a prisoner to a circumstance where they could be sexually assaulted, and raped, is cruel and unusual punishment, clearly, under the eighth amendment to the Constitution.
Some States have estimated as many as 10 percent or more convicted offenders have been subject to sexual assault in prison. One study said 13 percent and another study said 14 percent. I hope these statistics are an exaggeration and frankly, I think they may be an exaggeration. Nonetheless, it is the duty of government officials to ensure that criminals who are convicted and sentenced to prison, serve the sentence imposed by the judge, but not additional sentence of sexual assault. Rape is not a part of any lawful sentence.
I am also concerned when I see television programs, movies, and read books that constantly suggest that any young person sent to prison is going to be sexually assaulted. I have never believed that to be true, but I have not doubted some of it occurs. None of it should occur.
As a prosecutor, I had a policy that I would talk to any mother or close family member of any person who was convicted in my court. Many of them told me of their concerns about sexual assault in prison based on what they had seen on television and what they had read in books.
This bill will deal with the issue in three ways. It establishes a national commission to study prison rape at the Federal, State, and local levels and, after 2 years, to publish the results of the study and make recommendations on how to reduce prison rape.
Second, the bill directs the Attorney General to issue a rule for the reduction of prison rape in Federal prisons. That is what we have direct responsibility for in this body, Federal prisons. To avoid a reduction in certain Federal funds, each State should certify it has adopted or is in compliance with the standards set forth in the Attorney General's rules for improvement in this area. If a State is not in compliance, it can use the 5-percent money that they would otherwise lose to work on this problem. If they do that, they will not end up losing any money, but it will be a way of us saying: If you are going to continue to draw Federal money, take this issue seriously.
Third, the bill will require the Department of Justice to conduct statistical surveys on prison rape for Federal, State, and local prisons and jails. Further, the Federal Government will select officials in prisons with the highest incidence of prison rape and with the lowest incidence of sexual assaults and have them come to Washington to discuss the problem and testify.
The bill provides grants of up to $40 million to States for the prevention, investigation, and prosecution of prison rape. We find very little prosecution of these cases for prison rape. It will help the States reduce repeat offenses.
A broad and bipartisan array of organizations and institutions have added their support to this bill; for example: The American Psychological Association; Camp Fire USA; Center for Religious Freedom, Freedom House; Christian Rescue Committee; Citizens United for Rehabilitation; Focus on the Family; Good News, United Methodist Church; Human Rights Watch; Justice Policy Institute; Lutheran Office for Governmental Affairs; National Association of School Psychologists; National Association of Evangelicals; National Association for the Advancement of Colored People; National Council for La Raza; National Network for Youth; National Mental Health Association; Marvin Olasky, the author and editor; Partnership for Responsible Drug Information, Presbyterian Church USA; Religious Action Center; Prison Fellowship--
that is Chuck Colson's group that has been active in working on this issue--the Salvation Army; the Southern Baptist Convention; Unitarian Universalists for Juvenile Justice; Volunteers of America; and Youth Law Center.
I also thank Linda Chavez and Mike Horowitz for the ideas that started this legislative initiative. Well-conceived and carefully crafted ideas drive many legislative and political initiatives that become law after people work together to form a bipartisan, moral position.
I commend the hard work of Bill Pryor, the attorney general of Alabama, who worked with us on this issue and testified in favor of it. He cares about the individuals who are in prison, having put a lot of them there himself, and he demands fairness in how the prisoners are treated.
I also compliment my Senate staff person, Andrea Sander, for her excellent work in this matter.
This bill will address prison rape, not through unfunded mandates but by studying the problem and figuring out how to address these needs. It is time for us to confront this issue, to deal with it, and put it behind us. Mothers should not have to worry that their children are going to be sexually assaulted in prison. That should not occur. I believe we can do better. This bill will be a major step in that direction, and I salute Senator Kennedy for his leadership in helping us make this happen.
I thank the Chair and yield the floor.
Mr. SESSIONS. I suggest the absence of a quorum.
The PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. SESSIONS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDENT pro tempore. Without objection, it is so ordered.
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