Policy Text
Policy
904Fremont Police Department
Prison Rape Elimination
904.1 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 individuals in custody in the Fremont
Police Department Temporary Holding Facilities (28 CFR 115.111; 15 CCR 1029).
904.1.1 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 individual in custody:
•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
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Published with permission by Fremont Police DepartmentPrison Rape Elimination - 1
Fremont Police Department
Prison Rape Elimination
•Any attempt, threat, or request by a staff member, contractor, or volunteer to engage
in the activities described above
•Any display by a staff member, contractor, or volunteer of the staff member's
uncovered genitalia, buttocks, or breast in the presence of an individual in custody
•Voyeurism by a staff member, contractor, or volunteer
Sexual harassment - Repeated and unwelcome sexual advances; requests for sexual favors;
verbal comments, gestures, or actions of a derogatory or offensive sexual nature by an individual
in custody that are directed toward another; repeated verbal comments or gestures of a sexual
nature to an individual in custody by a staff member, contractor, or volunteer, including demeaning
references to gender, sexually suggestive or derogatory comments about body or clothing, or
obscene language or gestures (28 CFR 115.6; 15 CCR 1006).
Transgender - A person whose gender identity (i.e., internal sense of feeling male or female) is
different from the person's assigned sex at birth (28 CFR 115.5).
904.2 POLICY
The Fremont Police Department has zero tolerance toward all forms of sexual abuse and sexual
harassment (28 CFR 115.111). The Department will not tolerate retaliation against any person
who reports sexual abuse or sexual harassment or who cooperates with a sexual abuse or sexual
harassment investigation.
The Fremont Police Department will take immediate action to protect those in its custody who
are reasonably believed to be subject to a substantial risk of imminent sexual abuse (28 CFR
115.162; 15 CCR 1029).
904.3 PREA COORDINATOR
The Chief of Police shall appoint an upper-level manager with sufficient time and authority
to develop, implement, and oversee department efforts to comply with PREA standards in
the Fremont Police Department Temporary Holding Facilities (28 CFR 115.111). The PREA
Coordinator's responsibilities shall include:
(a)Developing and maintaining procedures to comply with the PREA Rule.
(b)Ensuring that any contract for the confinement of individuals in custody includes the
requirement to adopt and comply with applicable PREA standards and the PREA Rule,
including the obligation to provide incident-based and aggregated data, as required in
28 CFR 115.187 (28 CFR 115.112).
(c)Developing a staffing plan to provide adequate levels of staffing and video monitoring,
where applicable, in order to protect those in custody from sexual abuse (28 CFR
115.113; 15 CCR 1029). This includes documenting deviations and the reasons for
deviations from the staffing plan, as well as reviewing the staffing plan a minimum of
once per year.
(d)Developing methods for staff to privately report sexual abuse