CDCR 2301 - PREA Policy Information for Volunteers and Contractors Part A.pdf

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

PREA POLICY INFORMATION FOR VOLUNTEERS AND CONTRACTORS PART A

CDCR 2301 (Rev. 05/20) Page 1 of 3

The Prison Rape Elimination Policy for the California Department of Corrections and Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private contractor who has contact with CDCR offenders, it is your responsibility to do what you can, within the parameters of your current assignment, to reduce incidents of sexual violence, staff sexual misconduct, and sexual harassment and to report information appropriately when they are reported to you or when you observe such an incident. For purposes of this Policy, the word “staff” includes volunteers and private contractors.

Historical Information Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination Act (PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005, and most recently the United States, Department of Justice Final Rule;

National Standards of 2012 to help prevent, detect, and respond to sexual violence, staff sexual misconduct, and sexual harassment behind bars. It is important that we, as professionals, understand all aspects of these laws and our responsibilities to help prevent, detect, and respond to instances by offenders and staff.

CDCR Policy The CDCR policy is found in Department Operations Manual (DOM), Chapter 5, Article 44. PREA addresses five types of sexual offenses. Sexual violence committed by offenders against offenders encompasses: abusive sexual contact, non-consensual sex acts, and sexual harassment by an offender. Other sections covered by PREA include staff sexual misconduct towards an offender and staff sexual harassment towards an offender.

CDCR’s policy provides for the following:

• CDCR is committed to continuing to provide a safe, humane, secure environment, free from offender on offender sexual violence, staff sexual misconduct, and sexual harassment.

• CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment in its institutions, community correctional facilities, conservation camps, and for all offenders under its jurisdiction.

• All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited.

• This policy applies to all offenders and persons employed by the CDCR, including volunteers and independent contractors assigned to an institution, community correctional facility, conservation camp, or parole.

Retaliatory measures against employees or offenders who report incidents of sexual violence, staff sexual misconduct, or sexual harassment as well as retaliatory measures taken against those who cooperate with investigations shall not be tolerated and shall result in disciplinary action and/or criminal prosecution. Retaliatory measures include, but are not limited to:

• Coersion.

• Threats of punishments.

• Any other activities intended to discourage or prevent staff or offenders from reporting incident(s).

Professional Behavior Staff, including volunteers and private contractors are expected to act in a professional manner while on the grounds of a CDCR institution and while interacting with other staff and offenders. Key elements of professional behavior include:

• Treating everyone, staff and offenders alike, with respect.

• Speaking without judging, blaming, or being demeaning.

• Listening to others with an objective ear and trying to understand their point of view.

• Avoiding gossip, name calling, and what may be perceived as offensive or "off-color" humor.

• Taking responsibility for your own behavior.

Preventative Measures You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking various actions during the performance of your duties as a volunteer or private contractor.

ADA Accessible

PREA POLICY INFORMATION FOR VOLUNTEERS AND CONTRACTORS PART A

CDCR 2301 (Rev. 05/20) Page 2 of 3

The following are ways in which you can help:

• Know and enforce the rules regarding the sexual conduct of offenders.

• Be professional at all times.

• Make it clear that sexual activity is not acceptable.

• Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and sexual harassment as serious.

• Follow appropriate reporting procedures and assure that the alleged victim is separated from the alleged predator.

• Never advise an offender to use force to repel sexual advances.

Detection All staff, including volunteers and private contractors, is responsible for reporting immediately and confidentially to the appropriate supervisor any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

After immediately reporting to the appropriate supervisor, you are required to document the information you reported. You will be instructed by the supervisor regarding the appropriate form to be used for documentation.

You will take necessary action (i.e., give direction or press your alarm) to prevent further harm to the victim. Staff, including volunteers and private contractors, will request the victim does not: 1) Shower; 2) Remove clothing without custody supervision;

3) Use the restroom facilities; and 4) Consume any liquids.

I have read the information above and understand my responsibility to immediately report any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

Volunteer/Contractor Name (Printed) Date Signed

Signature of Volunteer/Contractor

Current Assignment within Institution

Contact Telephone Number Supervisor in Current Assignment

PREA POLICY INFORMATION FOR VOLUNTEERS AND CONTRACTORS PART B

CDCR 2301 (Rev. 05/20) Page 3 of 3

PART B shall only be completed by contractors who, in the course of their assigned duties, have contact with inmates.

Duty to Report You are required to answer the following questions:

1) Have you ever engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, other institution?

Yes No If yes, provide the date of the incident and the facility name in the space below.

2) Have you ever been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse?

Yes No If yes, provide the date of the incident and the county in the space below.

3) Have you ever been civilly or administratively found to have engaged in the activity described in question (2) above?

Yes No If yes, provide the date of the incident and the county in the space below.

4) Have you ever received any disciplinary action as a result of allegations of sexual harassment of an inmate in a prison, jail, lockup, community confinement facility, or other institution?

Yes No If yes, provide the date of the incident and the facility name in the space below.

If you answered “Yes” to any of the questions, please provide the date of the incident and the facility name/county where it occurred:

Date:

Facility/County Name:

As a contract employee, you have a continuing duty to promptly report, and you are required to notify your employer and the Appointing Authority of the Institution to which you are assigned if the answer to any of the above questions changes.

I hereby certify that there are no misrepresentations, omissions, or falsifications, and that all answers are true and correct.

I understand and agree that if any material facts are discovered which differ from those facts stated by me on this form, my services to the California Department of Corrections and Rehabilitation will be discontinued and my contract employer will be notified.

Printed Name:

Signature: Date:

PART B shall only be completed by contractors who, in the course of their assigned duties, have contact with inmates.