Chapter 5 – Adult Custody and Security Operations

54040.12.1 Investigation of Sexual Violence or Staff Sexual Misconduct – less than 72 hours post incident

• If the alleged incident is reported or discovered less than 72 hours after the occurrence, in addition to the provisions discussed in DOMDepartment Operations Manual Section 54040.8, the custody supervisor shall secure the alleged crime scene (if feasible) and secure the alleged inmate suspect (if he/she can be identified) for potential forensic processing.  The custody supervisor shall determine the need to transport the inmate for a forensic exam as follows:

  • Sexual Harassment Incidents:  The victim/suspect will not be transported for a forensic exam.

  • Abusive Sexual Contact Incidents:  The SART/SANE shall be consulted to make a determination as to whether the inmate victim/inmate suspect should be taken for a forensic examination.  The inmate victim may refuse the forensic examination and the refusal should be video recorded.

  • Nonconsensual Sex Acts:  The inmate victim/inmate suspect shall be transported for a forensic examination. The inmate victim may refuse the forensic examination and the refusal should be video recorded.

  • Staff Sexual Misconduct:  The inmate victim shall be transported for a forensic examination when the allegation includes behavior identified in CCRCalifornia Code of Regulations 3401.5(a)(3)(A) through 3401.5(a)(3)(D).  The inmate victim may refuse the forensic examination and the refusal should be video recorded.