Chapter 5 – Adult Custody and Security Operations

54040.12.5 Reporting to Offenders

• Staff on Offender

  • Following an offender’s allegation that a staff member has committed sexual misconduct against an offender, the alleged victim shall be informed as to whether the allegation has been substantiated, unsubstantiated, or unfounded.  The PCM or designee shall inform the offender (unless the allegation has been determined to be unfounded) whenever the alleged abuser has been:

    • the staff member is no longer posted within the inmate’s unit;

    • the staff member is no longer employed at facility;

    • indicted on the alleged sexual misconduct; or

    • convicted of the alleged sexual misconduct.

• Offender on Offender

  • Following an investigation into an offender’s allegation that he or she suffered from sexual violence by another offender, institution shall inform the alleged victim if the allegation has been substantiated, unsubstantiated or unfounded. The institution shall also inform the alleged victim whenever the alleged abuser has been:

    • indicted on the alleged sexual violence; or

    • convicted of the charge.

  • The agency’s obligation to report/inform the offender of changes shall terminate if the offender is released from the agency’s custody.

  • As a reminder, investigative staff shall ensure the inmate abuser is referred to mental health as soon as an allegation of inmate-on-inmate sexual abuse has been substantiated and/or knowledge of previous inmate-on-inmate sexual abuse arises, which has not previously been addressed utilizing the CDCRCalifornia Department of Corrections and Rehabilitation Form 128 MH5, Mental Health Referral Chrono, to request a PREA Perpetrator Routine mental health contact.