Department of Corrections and Rehabilitation - Operations Manual

Chapter 5 – Adult Custody and Security Operations

Article 44 – Prison Rape Elimination Policy

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54040.4 Education and Prevention

  • Staff Training

    • All staff, including employees, volunteers, and contractors, shall receive instruction related to the prevention, detection, response, and investigation of offender sexual violence, staff sexual misconduct, and sexual harassment. This training will be conducted during new employee orientation, annual training, and will be included in the curriculum of the Correctional Training Academy.  The training will be gender specific based on the offender population at the assigned institution. Participation in the training will be documented on a CDCRCalifornia Department of Corrections and Rehabilitation 844, Training Participation Sign-in Sheet. 

    • Employees shall also be trained in how to conduct cross-gender pat-down searches, transgender pat-down searches, and unclothed body cavity searches.  When conducting these types of searches, employees shall ensure that these searches are conducted in a professional, respectful manner, and in the least intrusive manner possible consistent with security needs.  Searches shall be conducted in accordance with policy, procedure and training as per CCRCalifornia Code of Regulations, Title 15, Section 3287(b).  

    • Institutions shall train all staff on how to communicate professionally with inmates, including inmates who identify themselves as Lesbian, Gay, Bi-Sexual, Transgender, Intersex, and Gender Non–Conforming in accordance with Inmate/Staff Relations Training, on file with the Peace Office Selection and Employee Development (POSEDPeace Officer Selection and Development).

    • Specialized training may be offered to employees who volunteer to act as victims’ advocates. This training includes certification by a rape crisis center as trained in the counseling of sexual assault victims. For any employee volunteer who is not a psychiatrist, psychologist, licensed clinical social worker, psychiatric mental health RNRegistered Nurse, staff person with a master’s degree in counseling, or other’s listed in Evidence Code section 1010, this specialized training also includes the 40 hours of specialized training listed in Evidence Code 1035.2. Only employees who voluntarily agree to act as a victim advocate shall be utilized in that capacity. Employees who volunteer will be subjected to background clearance to ensure no prior history of violence. 

    • All employees who are assigned to investigate sexual violence and/or staff sexual misconduct will receive specialized training per PCPenal Code Section 13516(c). The curriculum utilized in the class must be POSEDPeace Officer Selection and Development approved.  The Hiring Authority or PREA Compliance Manager (PCM) shall ensure employees investigating incidents of sexual violence and/or staff sexual misconduct are properly trained.

  • Offender Education

    • Verbal and written information shall be provided to offenders which will address: 

      • Prevention/Intervention.

      • Reporting.

      • Treatment and Counseling.

    • Initial offender orientation on PREA will be provided to the offender population in reception centers (RCReception Centers) via either written or multi-media presentation on a weekly basis in both English and Spanish. 

    • Approved PREA posters which contain departmental policy and the sexual violence, staff sexual misconduct, and sexual harassment reporting telephone numbers shall be posted in designated locations throughout the institution and parole offices. At a minimum, these areas shall include all housing units, medical clinics, law libraries, visiting rooms, program offices, and offender work areas. 

    • The PREA brochure entitled “Sexual Violence Awareness” and the PREA booklet entitled “Sexual Abuse/Assault – Prevention and Intervention” will be distributed during initial processing in RCReception Centers institutions. Both the brochure and booklet shall be available through Receiving and Release or the correctional counselors at each institution, and the information will also be included in each institution’s offender orientation handbook.

    • Appropriate provisions shall be made to ensure effective communication for offenders not fluent in English, those with low literacy levels, and those with disabilities. 

    • Institutions may consider the use of offender peer educators to enhance the offender population’s knowledge and understanding of PREA and sexually transmitted diseases.

    • PREA offender education shall be documented on a CDC Form 128-B, General Chrono. The offender shall be asked to sign the CDC Form 128-B indicating they received the training.  Refusal to sign will be noted by staff on the CDC Form 128-B. The CDC
      Form 128-B shall be forwarded to Inmate Records for appropriate scanning into the Electronic Records Management System (ERMSElectronic Records Management System).

  • Preventative Measures

    • Each institution shall enable offenders to shower, perform bodily functions, and change clothing without non-medical staff of the opposite biological sex viewing their breast, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks.  Except in circumstances where there would be an impact to safety and security, modesty screens shall be placed strategically in areas that prevent incidental viewing.  

    • Per 28 CFR, Standard §115.42, upon request, transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.

    • In order to minimize cross gender exposure, staff of the opposite biological sex shall announce their presence when entering the housing unit.  This announcement is required at the beginning of each shift and/or when the status quo within the housing unit changes.  

    • This policy shall be included in each institution’s orientation handbook. This will allow the inmate to take into consideration that staff of the opposite gender may be present when performing bodily and bathing functions. 

  • Security Rounds

    • A custody supervisor assigned to each facility or unit shall conduct weekly unscheduled security checks to identify and deter sexual violence, staff sexual misconduct, and sexual harassment of any kind. These security checks shall be documented in the Unit Log Book in red pen.  The Unit Log Book shall indicate the date, time, and location that the security check was conducted.

    • Staff is prohibited from alerting other staff members that these security rounds are occurring, unless such announcement is related to the legitimate operational functions of the facility.