[Avodah] Limits on Mesira?

[Isaac Balbin]

R' Hershel Schachter in his shiurim, as I recall, discusses the particular type of prison in which an offender may find their incarceration. Speaking about the American system, he differentiates between State and Federal prisons. In essence, if an offender may find themselves in a prison where it is likely that the offender will be subject to sexual abuse by prison inmates, then it is questionable whether one is permitted to enact the dictum of Uviarto HoRo Mikirbecha given such a consequence. I'm happy to stand corrected if my recollection of this difference is inexact.

Assuming that it there is such a concern, how does this reflect on the RCA statements on the reporting of potential sexual offenders to the authorities? The Aguda statement is clear. Despite the not so clever wording and the explanation of Rabbi Shafran, a careful reading indicates that they do not permit handing someone over to the authorities in any case unless a Rabbi is consulted.
In Australia, the Organisation of Rabbi's of Australia (ORA) basically takes the stance of the RCA. In one state, NSW, one Rabbi dissented and it sounded very much to me that he had been listening to R' Schachter's shiurim, as above. In Australia, in the case of certain crimes, such as child killing or abuse of minors, the inmates themselves mete out a dishonour code and are known to provide their own brand of justice. 

I spoke to R' Schachter about this a few weeks ago, and need to revisit it to accurately ascertain the parameters of his views.

It seems to me that in the meanwhile, there would appear to be a very good case for Rabonim to be proactive in pushing for a review of the prison system to isolate certain criminals so that they do not receive extra punishment via inmates. I wonder if either lay bodies associates with the Rabbinate or the Rabbinate themselves have a Chiyuv of Lo Saamod Al Dam Reacho, to actively campaign against such behaviour?

One cannot be truly committed to Ubiarto HoRo unless one also actively seeks to promote Lo Saamod.