Department of Corrections and Rehabilitation - Operations Manual

Chapter 5 – Adult Custody and Security Operations

Article 25 – Inmate Indecent Exposure and Sexual Disorderly Conduct Management

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52100.3 Implementation

  • Incident Reporting and Tracking:

    • Every Indecent Exposure or Sexual Disorderly Conduct incident shall be documented by the observing employee on a CDC Form 115, Rules Violation Report (RVR).

    • Indecent Exposure is classified as either a Division D or a Division B offense. If the inmate has no prior criminal convictions for PCPenal Code Section 314, Indecent Exposure, or PCPenal Code Section 288, Lewd Act on a Child or Dependent Person, the inmate will be charged with the Division D offense of Indecent Exposure. If the inmate has any prior criminal conviction for PCPenal Code Section 314 or 288, the inmate will be charged with the Division B offense of Indecent Exposure with a Prior.

    • In addition, the Indecent Exposure shall be reported as an incident on the CDCRCalifornia Department of Corrections and Rehabilitation Form 837, Crime/Incident Report. All Indecent Exposure Incident CDCRCalifornia Department of Corrections and Rehabilitation 837’s shall be referred to the District Attorney.

    • An inmate who masturbates or engages in inappropriate touching of his/her genitals, buttocks, or breasts in public without exposing his/her genitals, for example under the clothing, will be charged with the Division E offense of Sexual Disorderly Conduct.

    • An inmate who engages in Indecent Exposure or Sexual Disorderly Conduct shall be referred for a mental health assessment through the submittal of a CDCRCalifornia Department of Corrections and Rehabilitation Form 115-MHMental Health, Rules Violation Report: Mental Health Assessment Request.

    • All employees observing an Indecent Exposure or Sexual Disorderly Conduct incident shall be provided the opportunity to complete a CDCRCalifornia Department of Corrections and Rehabilitation Form 2152, Employee Report of Inmate Sexual Misconduct. All Supervisors are required to complete the appropriate sections of the CDCRCalifornia Department of Corrections and Rehabilitation 2152, regardless of the employee’s decision to complete the form.

  • Inmate clerks shall not prepare or type an Indecent Exposure or Sexual Disorderly Conduct RVR

    • The assigned Captain shall be responsible for identifying all Indecent Exposure and Sexual Disorderly Conduct offenders within their area. A tracking list shall be distributed on a monthly basis to Correctional Administrators, Facility Lieutenants, the Chief/Senior Psychiatrist or Chief/Senior Psychologist, and the Indecent Exposure Review Committee (IERC), (see Section 52100.5 “Monitoring”).

    • This list is highly restrictive and shall not be duplicated, but shall be available for staff review at the facility/unit program office.