Chapter 5 – Adult Custody and Security Operations

54040.8.2 Victim Advocate and Victim Support Person

• Victims of alleged sexual violence or staff sexual misconduct have the right under PCPenal Code 264.2, PCPenal Code 679.04, and/or 28 CFR, Standard §115.21 to a Victim Advocate and Victim Support Person for both forensic medical examination (where evidentiary or medically appropriate) and for the investigatory interview.

• Victim Advocate and Victim Support Person for Medical Examination

  • In incidents where an offender has alleged sexual violence or staff sexual misconduct, the watch commander or designee shall immediately notify the local Rape Crisis Center whenever a victim of a sexual violence or staff sexual misconduct, is treated at the local SART location and/or transported to an outside hospital for any forensic examination.

  • The victim has the right to have a victim advocate present and a victim support person of the victim’s choosing (see PCPenal Code Sections 679.04 and PCPenal Code 264.2 and/or 28 CFR, Standard §115.21) at the forensic medical examination.  In most cases, the victim advocate will be from the local rape crisis center.  The victim support person may be excluded from the examination if the watch commander/designee or medical provider determines that the presence of the victim support person would be detrimental to the purpose of the examination or poses a threat to the safety and security of the institution or outside hospital. If a victim support person is excluded, the watch commander/designee or medical provider who made the decision shall document the reason (i.e., if time for the support person to attend would result in a significant delay and/or the person requested would present a risk to the safety/security of the institution) on the CDCRCalifornia Department of Corrections and Rehabilitation Form 837 if the allegation is against another offender or on a confidential memorandum if the allegation is against staff.

  • A Memorandum of Understanding (MOUMemorandum Of Understanding) between the Institution and Local Rape Crisis Center (Victim Advocate) shall be established to ensure that both agencies understand their roles and responsibilities when responding to sexual violence or staff sexual misconduct. 

• Victim Advocate and Victim Support Person for Investigatory Process

  • Victims of alleged sexual violence or staff sexual misconduct, have the right to have a victim advocate and a victim support person of the victim’s choosing (see PCPenal Code Sections 679.04 and 264.2 and/or 28 CFR, Standard §115.21) present at any investigatory interview,  interview by law enforcement, the district attorney, or defense attorneys.

  • If the investigator or the district attorney determines that the presence of the victim support person would be detrimental to the interview, the victim support person may be excluded from the interview.  The victim must be notified verbally or in writing of this right by the attending investigator or the district attorney prior to the interview.  Reasons for exclusion of the victim support person are the same as identified previously in the medical examination process and shall be documented as required above.

• Victim Advocates for Emotional Support Services

  • The facility shall provide inmates with access to outside victim advocates for emotional support services related to sexual abuse by giving inmates mailing addresses and telephone numbers, including toll-free hotline numbers where available.  This information is available to the inmate population in the PREA Brochure entitled “Sexual Violence Awareness” and the PREA booklet entitled “Sexual Abuse/Assault – Prevention and Intervention”.  It should also be included in each institution’s offender orientation handbook.  For persons detained solely for civil immigration purposes, information for the appropriate immigrant services agency shall be provided by staff. 

  • The facility shall enable reasonable communication between inmates and these organizations and agencies, in as confidential a manner as possible.