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I am suppose to be doing a discussion board on problem 7-1 but I don't entirely understand what I am reading. Can you please explain
I am suppose to be doing a discussion board on problem 7-1 but I don't entirely understand what I am reading. Can you please explain cost-benefit analysis and what information is the most critical to understand about the problem 7-1 to determine if the DOJ analysis is to standard and effective.
PROBLEM 7-1: COST-BENEFIT EVALUATION OF THE CH. 7 INTRODUCTION TO ADMINISTRATIVE LAW 733 DEPARTMENT OF JUSTICE'S IMPLEMENTATION OF THE be appropriate to consider" 43 U.S.C. $ 156070.)(1) (2). However, the standards may not "impose substantial additional casts compared to the costs presently expended by Federal, State, and local prison authorities" 41 U.S.C. PRISON RAPE ELIMINATION ACT OF 2003 15607(a)(8). After notice of proposed rulemaking and a period for public a Responding to the pervasive problem of rape within federal and state Attorney General Eric Holder promulgated a final rale en May 16, 2012 "National Standards to Prevent, Detect, and Respond to Primm Rape," 28 prisons, now housing more than two million persons, Congress unanimously C.F.F. Part 1 15. The standards are binding on the Federal Bureau of Prison but are voluntary for state and local facilities, 42 U.S.C. $ 15607(3), A state enacted the Prison Rape Elimination Act of 2003 (PREA), Pub. L. No. 108-79, does not certify full complian amtards is 117 Stat. 972 (Sept. 4, 2003), codified at 42 U.S.C. $ 15601 et seq. Congress to the loss of five percent of any Department of Justice grant funds that it would otherwise receive for prison purpones, unless the governor submits an estimated that more than ten percent of the prison population is raped each seaurance that mich five percent will be used only or amid certify full compliance with the standards in future years, 42 U.S.C. | 156078JENA)- year and sought to protect inmates against this harm. Section 7 of the law established a Commission to study the problem and make recommendations The DOJ's standards are process than reault or performance-oriented. They require facilities to (1) designate a point person for reform. Section 8 directed the Attorney General to publish a final rule coordinating protective upgrade staffing and video monitoring to prevent and detect rape, (3) crew adopting "national standards for the detection, prevention, reduction, and special protections for Juvenile Inmates. (4) han croas gander searches, implement spot 6 establish punishment of prison rape * * * based upon the independent judgment of the coordinating the actions of first responders, medical Attorney General, after giving due consideration to the recommended a involved in any given incident of prison rape, (7) Imple policies to protect against any retaliation for report or cooperating is national standards provided by the Commission * * * and being informed by investigation of prison rupes, (8) implement no-tok who commit rape at such data, opinions, and proposals that the Attorney General determines to Jonbian, gay, bisexual, transgender, and intersex inmate with disabilities with protection against rape and sexual abuse their status. The DOJ's final rule was accompanied by a detailed cost-benefit analysis, United States Dep't of Justice, Regulatory Impact Assessan PREA Final Rule (May 17, 2012), available at http:/www.ujpudding.g programw/pdfe/prex_ria.pdf (viewed July 1, 201-4).Skim that and s an example of the contemplated in OMB Circular A-4. The Department estimated that full ance with the fina standards would cost confinement facilities approximately $468.5 million year, when annualized over 15 years at a 7% discount rate, or 0,6% of to annual correctional expenditures in 2008. (Recall that full nationwide compliance is not likely, as the status have the option of not participating) DOJ opined that this figure not the statutory requires ment that rape reform create not be "sabatantial." The more difficult part of the analysis went to the benefits of the standards, if implemented. DOJ estimated from 2008 data that 209,40 persons (including 78,500 in prisona or jails) were raped or sexually wasalt CH. 7 INTRODUCTION TO ADMINISTRATIVE LAW 735 in detention facilition each year. DOJ then estimated the m PREA and its regulations, so you must reevaluate its standards under a cost. benefit approach. Assume that (1) most state prison systems have implemented the DOJ standards, as has the federal Bureau of Prisons; (2) the prison system still incarcerates about two million persons, pretty much the same number of inmates as in 2003, when Congress enacted the statute, and as in 2012, when DOJ issued its regulations; and (3) the estimated number of prison rapes has increased by about ten percent since 2013, when federal prisons and most state prisons implemented the PREA standards. You are authorized to retain the RAND Corporation to help you figure out the cost-effectiveness of the PREA standards, What questions do you pose to RAND? (You can ask RAND to engage in empirical research, informed speculation from known facts, and policy analysis.)Step by Step Solution
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