Chapter 5 – Adult Custody and Security Operations

54040.7.3 Notification via Third Party Reporting of Sexual Violence or Sexual Harassment Against an Offender

• When a third party, on behalf of an inmate, makes an allegation of sexual violence or sexual harassment against an offender, that allegation or complaint shall be submitted in writing to a custody supervisor. The Custody Supervisor shall forward the documented third party report of the allegation to the Locally Designated Investigator (LDI) for investigation and determination of the appropriate disposition.  

• Complaints determined to involve offenders from other agencies or institutions shall be forwarded to the proper hiring authority through the chain of command for appropriate response. Any allegation believed by staff to constitute an emergency shall be reported immediately to a supervisor. See examples listed in previous section. 

• The allegation will be investigated and documented on a Confidential Memorandum or CDC Form 128-B, General Chrono utilizing standard investigatory procedures, as outlined in DOMDepartment Operations Manual, Chapter 5, Article 44, Section 54040.12.  If warranted the suspect may be subject to administrative/criminal proceedings per DOMDepartment Operations Manual, Chapter 5, Article 44, Section 54040.11. 

• Completion of a CDCRCalifornia Department of Corrections and Rehabilitation 837, Crime Incident Report is required on third party reports and anonymous reports only if the allegation is substantiated.