Policy Text
Policy
904Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentPrison Rape Elimination - 1Prison 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 detainees or prisoners in the
Mountain View Police Department Temporary Holding Facilities (28 CFR 115.111).
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:
•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 (28 CFR 115.6)
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
Mountain View Police Department
Mountain View PD Policy Manual
Prison Rape Elimination
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentPrison Rape Elimination - 2•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 his/her uncovered genitalia,
buttocks or breast in the presence of a detainee, prisoner or resident
•Voyeurism by a staff member, contractor or volunteer (28 CFR 115.6)
Sexual harassment - Repeated and unwelcome sexual advances; requests for sexual favors;
verbal comments, gestures or actions of a derogatory or offensive sexual nature by one detainee,
prisoner or resident that are directed toward another; repeated verbal comments or gestures of
a sexual nature to a detainee, prisoner or resident 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).
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 Mountain View 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 Mountain View Police Department will take immediate action to protect detainees and
prisoners who are reasonably believed to be subject to a substantial risk of imminent sexual abuse
(28 CFR 115.162).
904.3 PREA COORDINATOR
The Police Chief 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 Mountain View
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 detainees or prisoners includes the
requirement to adopt and comply with applicable PREA 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 detainees and prisoners from sexual abuse (28
CFR 115.113). 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.
Mountain View Police Department
Mountain View PD Policy Manual
Prison Rape Elimination
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