Frequently Asked Questions: STOP Violence Against Women Formula Grant Program and the Prison Rape Elimination Act Certification Requirement

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U.S. Department of Justice
Office on Violence Against Women
FREQUENTLY ASKED QUESTIONS
May 2016
STOP Violence Against Women Formula Grant Program and the
Prison Rape Elimination Act (PREA) Certification Requirement
1. 	How does PREA impact STOP grants?
A State that is not in full compliance with the Department of Justice (DOJ) National
Standards to Prevent, Detect, and Respond to Prison Rape (the national PREA standards), 28
C.F.R. Part 115, will be subject to a 4.75% reallocation or reduction in STOP funds.
2. 	Why is this the case?
Under PREA, a State must certify to DOJ that it is in compliance with the national PREA
standards or else be subject to the loss or reallocation of specified funding. Beginning in FY
2014, if a State cannot certify full compliance, it will lose 5% of any DOJ grants that “may
provide amounts to States for prison purposes” unless it provides an assurance that it will use
5% of such funds for the purpose of enabling the State to adopt and achieve full compliance
with the standards, so that a certification of compliance may be submitted in future years. 42
U.S.C. § 15607(e).
The Violence Against Women Act of 2013 added a purpose area to the STOP program
statute for “developing, enlarging, or strengthening programs addressing sexual assault
against men, women, and youth in correctional and detention settings.” 42 U.S.C. §
3796gg(b)(17). This purpose area is a “prison purpose,” which makes the PREA requirement
applicable to STOP.
3. 	Why is the potential reallocation/reduction 4.75% rather than 5%?
Of the various STOP allocations under 42 U.S.C. § 3796gg-1(c)(4), the law enforcement,
prosecutors, victims services, and discretionary allocations could potentially be used,
consistent with the allocation requirement, to come into compliance with the national PREA
standards. The 5% allocation for State and local courts, by contrast, could not be used to
come into compliance because the national PREA standards do not bear upon judicial
functions. Thus, only 95% of the State’s STOP award (the portion dedicated to law
enforcement, prosecutors, victims services or discretionary purposes) is relevant to PREA. If
the State grantee cannot certify that it is in full compliance with the national PREA standards,
the 5% reduction/reallocation will be applied to 95% of the State’s STOP award, and 5% of
95% equals 4.75%.

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4. 	Does the PREA requirement mean that every STOP grant will be reduced by 4.75%
unless the State uses 4.75% of the STOP grant for prison purposes?
No. The PREA reallocation/reduction applies only if the State cannot certify that it is in full
compliance with the national PREA standards.
5. 	To what facilities in the State does the certification described above apply?
The DOJ prison rape standards provide that the certification applies “to all facilities in the
State under the operational control of the State’s executive branch, including facilities
operated by private entities on behalf of the State’s executive branch.” 28 C.F.R. §
115.501(b).
6. 	If the State uses the 4.75% of its STOP funding towards PREA compliance, does it still
need to meet the requirements of the STOP Program for that funding?
Yes, funds used for PREA compliance still need to meet the requirements of the STOP
Program, such as allocations. Furthermore, if a State intends to fund PREA-related projects
with STOP funds, it should consider the implications for other STOP funding subrecipients,
consult with its STOP planning committee, and address those projects in its STOP
implementation plan. Any questions about the STOP implementation plan and how to
incorporate PREA compliance activities that support the STOP program’s overall purpose of
increasing offender accountability and strengthening victim services should be directed to
OVW’s STOP Program unit.
7. 	From which allocation should funds used for PREA compliance come?
The specific allocation would depend on the area(s) where the State was deficient in PREA
compliance and what it used STOP funds to accomplish. For example, if the State needed to
provide forensic medical exams for sexual assault victims in prisons, this funding could come
from the law enforcement, prosecution, or discretionary allocation. If the State needed to
improve prevention efforts, it would need to come from the discretionary allocation (and
would count toward the new 5% limit on prevention programming). States can choose to use
funds from one category or more than one, as long as the funds benefit the relevant entity for
the particular category selected.
8. 	If the State uses 4.75% of its STOP funds towards PREA compliance, can this
expenditure count towards the sexual assault set-aside added by the Violence Against
Women Reauthorization Act of 2013?
Yes, if the State uses 4.75% of its covered STOP award towards PREA compliance and if it
does not allocate those expenditures to the discretionary allocation, this could count toward
the sexual assault set-aside.

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9. 	Can STOP funds be used to address compliance in juvenile facilities?
Yes. However, if the facilities include juveniles 10 years old or under – an unusual
occurrence – then the STOP funds would need to be pro-rated to the extent the detainees
housed in those facilities are 11 or older. For example, if 25% of the juveniles in a facility
are 10 or younger, and 75% are 11 or older, then STOP funds could be used for up to 75%
the PREA-related improvements in that facility.
10. What if the only thing the State needs to do to come into compliance with the PREA
Standards involves new construction, which is unallowable with STOP funds?
If a State is in full compliance except for a deficiency that requires new construction, it
cannot lawfully spend STOP funds to come into compliance, and the State therefore would
not be subject to the 4.75% reduction/reallocation of STOP funds.
11. Do the PREA requirements apply to the District of Columbia and U.S. Territories that
receive STOP funding?
Yes.
12. Can the PREA set aside STOP funds be used to support audits?
Yes. Audits can be supported with funds from the discretionary allocation category.
13. Can the state subgrant the PREA set aside funds to the state coalition to consult with
the state prisons on PREA compliance?
Yes. The funds do not need to be subgranted to the state department of corrections, but can
go to any entity that can support PREA compliance.
14. Can the state use PREA funds to install cameras in the correctional facilities?
The answer to this depends on the installation of the cameras. If they are permanently
affixed to the walls, or require wiring to install, they would be considered a “renovation” and
outside the scope of the STOP Program. However, if they are installed in a way that is easily
movable (for example with screws or nails), then they are allowable.
15. Can the state use administrative funds to support the PREA set aside instead of
programmatic funds?
No, although the state could choose to use a smaller amount of administrative funds to
increase the availability of programmatic funds. Because the administrative funds come
from each allocation, if the state does not use them, they return to the allocation they came
from. The PREA worksheet that OVW provides to each state includes both the assessment
of the PREA set aside funds and the assessment of the administrative funds.

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16. Can the PREA set aside funds be used to pay for forensic exams of alleged offenders in
correctional settings?
Yes, because this would be part of investigating the crime.
17. What happens to the funds that are withheld from states that do not submit an
assurance or a certification?
By statute, funds are redistributed to the remaining states, based on population. States will
receive these funds in the subsequent fiscal year (e.g., the FY 2014 withheld funds were
redistributed in FY 2015).
18. Are the extra funds received due to redistribution from states that did not submit an
assurance or certification subject to the PREA set aside?
No. These funds have already been subject to PREA, so the PREA set aside does not apply
to them. However, all of the requirements of the STOP statute (allocations, purpose areas,
etc.) do apply.