Chapter 5 – Adult Custody and Security Operations

54040.7.2 Notification via Third Party Reporting of Misconduct Against an Employee, Contractor, or Volunteer

• When a third party, on behalf of an inmate, makes an allegation of staff sexual misconduct or sexual harassment against a departmental employee, contractor, or volunteer, that allegation or complaint shall be submitted in writing to the Hiring Authority of the area in which the individual is assigned. Complaints against departmental employees should be filed in accordance with CCRCalifornia Code of Regulations 3391.  The term “third party” includes inmates, family members, attorneys, or outside advocates.  Inmates will file complaints against staff utilizing the CDCRCalifornia Department of Corrections and Rehabilitation appeals forms.

• Complaints determined to involve personnel from other agencies or institutions shall be forwarded to the proper Hiring Authority through the chain of command for appropriate response. 

• When a third party files such a complaint on behalf of an offender, a supervisory employee shall take the alleged victim to a private setting to discuss the complaint and assess immediate housing needs.

• Third party reports of staff sexual misconduct or staff sexual harassment shall be forwarded to the Hiring Authority.  The Hiring Authority shall forward the documented third party report of the allegation to a Locally Designated Investigator (LDI). The LDI will conduct inquiry work until sufficient information is obtained to warrant an Office of Internal Investigations (OIAOffice of Internal Affairs) investigation, or the information collected refutes the allegation, as determined by the Hiring Authority. The inquiry and/or investigative information will be thoroughly documented on a Confidential Memorandum. The Confidential Memorandum shall be maintained with the investigatory file.  Standard investigatory procedures will be utilized and the complaint will be logged on the CDCRCalifornia Department of Corrections and Rehabilitation Form 2140, Internal Affairs Allegation Log. 

• Any allegation of staff sexual misconduct or staff sexual harassment believed to constitute an emergency shall be reported immediately to a supervisor. The supervisor shall notify the Watch Commander who shall immediately notify the Hiring Authority. Notification to the OIAOffice of Internal Affairs, Regional Office, Special Agent in Charge (SACCalifornia State Prison, Sacramento) or OIAOffice of Internal Affairs Administrative Officer of the Day (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.