Department of Corrections and Rehabilitation - Operations Manual

Cancel

Chapter 5 – Adult Custody and Security Operations

Article 44 – Prison Rape Elimination Policy

Revised May 15, 2018

View All Sections >

54040.8.1 Custody Supervisor Responsibilities

  • The custody supervisor has significant responsibility in this policy, and a Custody Supervisor Checklist has been developed to assist in identifying the duties to be completed. 

  • If the victim alleges staff sexual misconduct, the Hiring Authority will be immediately notified via the Watch Commander.  The Hiring Authority will assign Locally Designated Investigator (LDI) to conduct inquiry work until sufficient information is obtained to warrant an OIAOffice of Internal Affairs investigation, or the information collected refutes the allegations, 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.  The complaint will be investigated utilizing standard investigatory procedures. Upon conclusion of the investigation, the alleged victim will be provided written notification of the findings as described in DOMDepartment Operations Manual Section 54040.12.5.

  • Any allegation of staff sexual misconduct or staff sexual harassment believed by staff to constitute an emergency shall be reported immediately to a supervisor. Notification to the OIAOffice of Internal Affairs, Regional Office, SACCalifornia State Prison, Sacramento or OIAOffice of Internal Affairs 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.

  • The custody supervisor must tell the victim that his/her name will become a matter of public record unless he/she requests that it not become a matter of public record, per PCPenal Code Section 293 (a). The victim should be provided the Victim of Sex Crimes form to complete to either request or waive confidentiality of his/her name. If the victim chooses to have his/her name remain confidential, any written report concerning these offenses must indicate that the victim requested confidentiality of his/her name per PCPenal Code Section 293(a). If the victim has requested confidentiality, the victim’s name and address may not be released except to specified persons or as authorized by law. 

  • Please refer to DOMDepartment Operations Manual Sections 54040.12.1 and 54040.12.2 for information related to the inmate being transported for a forensic examination.

  • The custody supervisor shall assign a custody escort to the victim who shall remain with the victim for the entire exam process, whenever possible. Gender preference should be considered when assigning a custody escort to the victim. The custody escort will ensure effective communication (i.e., complexity of the issues, language barriers, and literacy). 

  • A Watch Commander Notifications Checklist has been developed to identify the tasks to be completed.

  • When the call is made to request the ambulance, it is critical to inform the dispatcher that the injured offender is the victim of sexual assault/battery. At the time the victim is sent to the outside hospital or on-site location, the Watch Commander is required to contact the Rape Crisis Center to request a Victim Advocate be dispatched. If one is not available, designated, trained staff from the facility will be dispatched or called in to act as the Victim Advocate as defined in Section 54040.3.  

  • Crime Scene Preservation

    • The custody supervisor shall ensure that a perimeter has been established and an officer has been posted to keep persons out of the crime scene area.  The custody supervisor shall ensure the assigned officer(s) maintain a chronological log of all persons entering the crime scene area and their purpose for entering the crime scene area.  ISUInstitution Services Unit staff and/or trained personnel shall process the crime scene including collecting and securing evidence. ISUInstitution Services Unit staff shall photograph/videotape the crime scene and evidence collected, make a diagram of the crime scene, and collect/package all evidence.

  • Evidence

    • Care must be taken to ensure that any potential evidence is identified, preserved, and collected.  Examples of evidence include, but are not limited to any clothing worn by the victim and suspect, hair or clothing fibers, dried or moist secretions, semen, blood or saliva stains, stained articles of clothing, blankets, or other foreign materials on the body of the victim or suspect, fingernail scrapings, and any other trace evidence (including the rape examination kit).

    • Based on when/where the incident occurred, a designated evidence officer will be requested to collect evidence that may be destroyed if not preserved.  The designated evidence officer and any other employee who collects evidence will process it according to institutional procedure.

    • All DNA related evidence taken from the body of the victim or suspect (i.e., fingernail scrapings, body fluid, hair, etc.) must be collected by the Sexual Assault Nurse Examiner (SANE), this individual is located at the SART location, in accordance with State of California, Office of Emergency Services Reporting Instructions.  Refer to the institutions local MOUMemorandum Of Understanding or DOMDepartment Operations Manual Supplement regarding processing of the clothing that the victim and suspect wore at the time of the incident.  All other evidence such as clothing (from his/her bed area) and bedding will be collected per institutional procedure.

    • Once the SANE has finished collecting the evidence, it will be processed following local protocols.

  • Parole or other Community Based Housing Incidents

    • If a parolee reports sexual violence by another parolee, local law enforcement will be contacted.  

    • If an inmate in a community based housing/re-entry program reports sexual violence by another inmate in the community based housing/re-entry program, appropriate custody staff will be contacted. An inmate in a community based housing/re-entry program may require transportation for a forensic medical exam at a local hospital in accordance with time frames established in DOMDepartment Operations Manual Sections 54040.12.1 and 54040.12.2. If the suspect is identified, a separate transport may be required in accordance with DOMDepartment Operations Manual Section 54040.11. 

    • If any person reports staff sexual misconduct or staff sexual harassment by a Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)) staff member, the employee to whom the report was made shall contact his/her supervisor and document the allegation on a CDCRCalifornia Department of Corrections and Rehabilitation Form 1617, Memorandum. The employee shall document the person’s identifying information, contact information, and any information the person provides about the incident on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1617, and submit the CDCRCalifornia Department of Corrections and Rehabilitation Form 1617 to the supervisor. The supervisor shall contact the Regional Administrator who shall notify the Office of Internal Affairs in accordance with Chapter 3, Article 22.  If the alleged incident occurred outside the confinement, as a CDCRCalifornia Department of Corrections and Rehabilitation inmate, of a CDCRCalifornia Department of Corrections and Rehabilitation institution, the incident does not meet the criteria for PREA because the offender is not currently incarcerated; however, an allegation inquiry must be initiated, in accordance with DOMDepartment Operations Manual Chapter 3, Article 22. Therefore, the Regional Administrator will ensure an appropriate DAPODivision of Adult Parole Operations (formerly P&CSD) staff member is assigned to conduct an inquiry until sufficient information is obtained to warrant an OIAOffice of Internal Affairs investigation, or the information collected refutes the allegations. The inquiry and/or investigative information will be thoroughly documented on a Confidential Memorandum. The Confidential Memorandum shall be maintained with the investigatory file.  The complaint will be investigated utilizing standard investigatory procedures.

    • If a parolee makes an allegation to a DAPODivision of Adult Parole Operations (formerly P&CSD) staff member that a PREA incident occurred while he/she was an inmate in a CDCRCalifornia Department of Corrections and Rehabilitation institution, the employee to whom the report was made shall contact his/her supervisor and document the allegation on a CDCRCalifornia Department of Corrections and Rehabilitation
      Form 1617.  The supervisor will contact the Regional Administrator.  The Regional Administrator shall notify the Hiring Authority of the institution where the alleged incident occurred within 72 hours, as described in DOMDepartment Operations Manual 54040.7.4. Upon conclusion of the investigation, the alleged victim will be provided written notification of the findings as described in DOMDepartment Operations Manual Section 54040.12.5.

    • If an incident of sexual violence or staff sexual misconduct is reported at a contract facility responsible for housing CDCRCalifornia Department of Corrections and Rehabilitation offenders, the contracted employee shall initiate the Initial Contact Guide.