Your rights in a PREA investigation

We all know that the Prison Rape Elimination Act (PREA), is in full force. Close to home, an inmate at the Sherburne County jail recently filed a complaint under the PREA.

We've all been told what the inmates rights are, but what are your rights? 

I'll try to answer that in this post.

If you are the subject of a PREA investigation:

You have the right to Union/Legal representation BEFORE making a written or verbal statement. 

Article 34, Section 3 of our contract states: 

Employees will not be questioned concerning an administrative investigation of disciplinary action unless the employee has been given an opportunity to have a union representative present at such questioning. An employee desiring such opportunity shall promptly notify the EMPLOYER and arrange for such representation in a timely manner. The employee shall cooperate fully in such questioning providing full disclosure of all pertinent facts. 

 also,

MSS 241.026 states:

Subd. 4.Place of formal statement.

 

The formal statement must be taken at a facility of the employing or investigating agency or at a place agreed to by the investigating individual and the investigated officer.

Subd. 5.Admissions.

 

Before an officer's formal statement is taken, the officer shall be advised in writing or on the record that admissions made in the course of the formal statement may be used as evidence of misconduct or as a basis for discipline.

What this means is the statement must be taken in a formal setting with your representation present.

If a supervisor or detective comes to you and asks you to write a report or talk about an incident, politely tell them no, until you have your Union/Legal representation with you. Don't let them pressure you to get it done because they don't want to wait for your lawyer. They are there to protect the employer, our lawyer is there to protect you.

If you are asked to write a report or give a statement regarding a PREA investigation call our

MNPEA lawyer at: 651 287-8883.

The PREA contains very severe disciplinary, criminal and civil consequences. Do not take a PREA investigation lightly.

Don't fear being disciplined for exercising your rights. MSS 241.026 states:

Subd. 9.Retaliatory action prohibited.

No officer may be discharged, disciplined, or threatened with discharge or discipline as retaliation for or solely by reason of the officer's exercise of the rights provided by this section.

So stay calm, be smart, exercise your rights.