Policy Text
Policy Delano Police Department
902 Delano PD Policy Manual
Prison Rape Elimination
902.1 PURPOSE AND SCOPE
This policy provides guidance for complying with the Prison Rape Elimination Act of 2003 (PREA)
and the implementing regulation that establishes standards (PREA Rule) to prevent, detect, and
respond to sexual abuse, harassment, and retaliation against detainees or prisoners in the Delano
Police Department Temporary Holding Facilities (28 CFR 115.111; 15 CCR 1029).
902.1.1 DEFINITIONS
Definitions related to this policy include:
Intersex - A person whose sexual or reproductive anatomy or chromosomal pattern does not seem
to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to
as disorders of sex development (28 CFR 115.5).
Sexual abuse - Any of the following acts, if the detainee does not consent, is coerced into such
act by overt or implied threats of violence or is unable to consent or refuse (28 CFR 115.6; 15
CCR 1006):
• Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight
• Contact between the mouth and the penis, vulva, or anus
• Penetration of the anal or genital opening of another person, however slight, by a
hand, finger, object, or other instrument
• Any other intentional touching, either directly or through the clothing, of the genitalia,
anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact
incidental to a physical altercation
Sexual abuse also includes abuse by a staff member, contractor, or volunteer as follows, with or
without consent of the detainee, prisoner, or resident:
• Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight
• Contact between the mouth and the penis, vulva, or anus
• Contact between the mouth and any body part where the staff member, contractor, or
volunteer has the intent to abuse, arouse, or gratify sexual desire
• Penetration of the anal or genital opening, however slight, by a hand, finger, object,
or other instrument, that is unrelated to official duties, or where the staff member,
contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire
• Any other intentional contact, either directly or through the clothing, of or with the
genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official
duties, or where the staff member, contractor, or volunteer has the intent to abuse,
arouse, or gratify sexual desire
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Prison Rape Elimination - 1
Published with permission by Delano Police Department