Chapter 5 – Adult Custody and Security Operations

54040.13 Allegation Follow‑up

• For at least 90 days following a report of sexual violence or staff sexual misconduct, the institutional PCM shall monitor the conduct and treatment of inmates or employees who reported the sexual violence or staff sexual misconduct and of the victim to ensure there are no changes that may suggest retaliation.  The PCM may delegate these monitoring functions to staff assigned to the Investigative Services Unit or to a supervisory staff member and has the discretion to assign this monitoring in other circumstances:  If the reported conduct is sexual harassment, when a volunteer or independent contractor made the report of sexual violence, staff sexual misconduct, or sexual harassment, or if any person fears retaliation for cooperating with an investigation.  The assigned supervisor shall notify the institutional PCM of any such changes.  The PCM shall act promptly (in accordance with DOMDepartment Operations Manual Article 14, Section 31140.22) to remedy any such retaliation and ensure a CDCRCalifornia Department of Corrections and Rehabilitation Form 2304 or 2305, Protection Against Retaliation, is initiated.  Items to be monitored on the CDCRCalifornia Department of Corrections and Rehabilitation Form 2304 or 2305 include periodic inmate status checks, inmate disciplinary reports, housing or program changes, or negative performance reviews or reassignments of staff.  The monitoring shall continue beyond 90 days if the initial monitoring indicates a continuing need.  The PCM shall ensure all Protection Against Retaliation forms are maintained as required in the Records Retention Schedule.

• The obligation to monitor shall terminate if the investigation determines that the allegation is unfounded or proven false.

• When the inmate is transferred to another institution within the 90-day monitoring period, the CDCRCalifornia Department of Corrections and Rehabilitation Form 2304 shall be forwarded to the receiving institution.  The PCM/designee at the sending institution shall make contact with the PCM/designee at the receiving institution to provide an overview of the case, noting the remaining monitoring timeframes.  Upon completion of the monitoring period, the PCM/designee at the receiving institution shall return the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 2304 to the PCM/designee at the sending institution for retention in the file and audit purposes.