Article 44 – Prison Rape Elimination Policy
54040.20 Tracking – Data Collection and Monitoring
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The PCM or the Parole Employee Relations Officer shall report investigations into allegations of sexual violence and staff sexual misconduct on the monthly update of the Yearly Tracking Report (YTR), including whether the perpetrator was a staff member or offender, disposition and current status. This information shall be reported to the Department’s PREA Coordinator by the fifth day of every month. Additionally, the ISUInstitution Services Unit Lieutenant or Locally Designated Investigator shall be responsible for completing the Survey of Sexual Violence-Incident Adult (SSV-IA). The SSV-IA will be submitted to the Department PREA Coordinator no later than two business days from the date of the allegation. This information shall also be provided (via copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 837, Crime Incident Report) to the Offender Information Systems Branch (OISBOffender Information Services Branch) for compilation and tracking.
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The OIAOffice of Internal Affairs shall maintain records of investigations into allegations of staff/offender sexual misconduct, and will report by case number, the type of sexual misconduct, subcategory (male staff with female offender, female staff with male offender, etc.); whether the allegations were sustained; and whether a DA referral was made.
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The CDCRCalifornia Department of Corrections and Rehabilitation shall aggregate the incident-based data at least annually. The data collected shall include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Federal Department of Justice. CDCRCalifornia Department of Corrections and Rehabilitation shall maintain, review, and collect data as needed from all available documents including incident reports, investigation files, and PREA incident reviews. CDCRCalifornia Department of Corrections and Rehabilitation shall also obtain incident-based and aggregated data from every private facility with which it contracts for the confinement of its inmates. Upon request, the agency shall provide all such data from the previous calendar year to the federal Department of Justice no later than June 30.
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Reports shall include a comparison of the current year’s data and corrective actions with those from prior years and shall provide an assessment of the agency’s progress in addressing sexual violence and staff sexual misconduct. The report shall be approved by the CDCRCalifornia Department of Corrections and Rehabilitation Secretary and made readily available to the public through the CDCRCalifornia Department of Corrections and Rehabilitation website. Specific material may be redacted from the reports when publication would present a clear and specific threat to the safety and security of a facility; however, the report must indicate the nature of the material redacted.