Chapter 5 – Adult Custody and Security Operations

54040.12 Investigation

• All allegations of sexual violence, staff sexual misconduct, and sexual harassment shall be investigated and the findings documented in writing. No standard higher than the preponderance of the evidence is to be used when determining whether allegations of sexual abuse or sexual harassment are sustained.  In addition, all allegations require completion of the Survey of Sexual Violence (SSV-IA) form.  Except in limited circumstances or exigent circumstances, investigators shall not rely solely on inmate interpreters, readers, or other types of inmate assistance during a sexual violence, staff sexual misconduct, or sexual harassment investigation.

• The departure of the alleged suspect or victim from the employment or control of CDCRCalifornia Department of Corrections and Rehabilitation shall not provide a basis for terminating an investigation.

• Staff on Offender

  • Allegations of staff on offender sexual misconduct or staff sexual harassment will be immediately reported to the Hiring Authority via the Watch Commander.  The Hiring Authority will assign an LDI to conduct an inquiry until sufficient information is obtained to warrant an OIAOffice of Internal Affairs investigation, or the information collected refutes the allegations, as determined by the Hiring Authority. The inquiry and/or investigative information will be thoroughly documented on a Confidential Memorandum. The investigator will include an effort to determine whether staff actions or failures to act contributed to the abuse.  The Confidential Memorandum will include: 1) a description of the physical and testimonial evidence; 2) the reasoning behind credibility assessments; and 3) the investigative facts and findings.  The Confidential Memorandum shall be maintained with the investigatory file.  The complaint will be investigated utilizing standard investigatory procedures. Upon conclusion of the investigation, the alleged victim will be provided written notification of the findings as described in DOMDepartment Operations Manual Section 54040.12.5. 

  • Any allegation of staff sexual misconduct or staff sexual harassment believed by staff to constitute an emergency shall be reported immediately to a supervisor. Notification to the OIAOffice of Internal Affairs, Regional Office, SACCalifornia State Prison, Sacramento or OIAOffice of Internal Affairs AODAdministrative Officer of the Day shall also be made when immediate investigative action is necessary.  In the event of such an emergency, staff shall follow-up with a written report within one (1) day of learning the information.  Examples that constitute an emergency are as follows:  

    • Possible loss of life or serious bodily injury;

    • Serious breach of facility security;

    • Further aggravation of a potentially dangerous situation;

    • Activities which seriously compromise or jeopardize an investigation;

    • An illegal activity which may occur imminently.

• Offender on Offender

  • All sexual violence allegations to include sexual assaults, attempted sexual assaults, and sexual battery committed by offenders, as well as allegations of sexual harassment committed by offenders shall be investigated by the LDI. These staff designated by the Hiring Authority will be responsible for completion of the investigation and will follow standard investigative procedures.

  • The LDI or Custody Supervisor may utilize the Sexual Assault/Battery Interview Guidelines when questioning the alleged victim regarding the specific facts of the allegation. The ISUInstitution Services Unit Lieutenant or LDI shall be responsible for completing the SSV-IA.

  • Credibility of an alleged victim, suspect, or witness must be determined based on sound facts and evidence rather than an individual’s status.

  • Pursuant to PCPenal Code Section 293(b), the Victims of Sex Crimes form must be attached to all criminal reports relating to offenses listed in Government Code section 6254(f), which in adult prisons are: PCPenal Code Sections 220, 261, 261.5, 262, 264, 264.1, 266(c), 273(a), 273(d), 273.5, 286, 288, 288(a), 289, 422.6, 422.7, 422.75, and 646.9.