Policy Text
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Preventing, Detecting, Responding to
Inmate or Detainee Sexual Assault
The purpose of this Order is to outline the procedures for prev enting, detecting, and
responding to inmate or detainee s exual assault within the Sacr amento County Sheriff’s
Department in accordance with t he Prison Rape El imination Act ( PREA/28 C.F.R. Part
115). I. Policy
The Sacramento County Sheriff’s Department shall remain committ ed to the
safety to any individual confi ned to department custody or hous ed in a
correctional facility. The department shall have a zero-tolera nce standard for
sexual abuse or sexual hara ssment. There shall be no different iation made
regarding abuse or harassment based on status as inmate, staff, contractor or
volunteer. The department shall respond to all reports of sexu alized behavior or
abuse as non-consensual, regardle ss of perception, rumor, appea rance, or
participant disclosure. The Sheriff’s Department shall de ploy surveillance technology, regularly train all
staff, and provide inmate educat ion in our efforts to detect, p revent and eliminate
sexual abuse and sexual harassm ent. Violations of the Prison R ape Elimination
Act will be investigated, and w hen appropriate prosecuted. Emp loyees who have
been found to have participated in s exual abuse or sexual haras sment shall be
subject to the sanctions set fo rth in General Order 3/01, Compl aints and
Disciplinary Policies and Procedures. Contra ctors and volunteer s shall be subject
to expulsion, termination, and criminal prosecution when applic able. Inmates
shall be subject to loss of good days, loss of privileges, and criminal prosecution
when applicable, as detailed in the Inmate Handbook.
II. General Definitions
A. The following definitions are i n accordance with PREA verbia ge. The use
of these terms in this order s hall be construed as consistent w ith these
definitions.
1 . Agency means the unit of a State, loc al, corporate, or nonprofit
authority, or of the Department o f Justice, with direct respons ibility
for the operation of any facility that confines inmates, detain ees, or
Page 2 of 35 3/13 (REV10/19) residents, including the implemen tation of policy as set by the
governing, corporate, o r nonprofit authority.
2 . Agency head means the principal official of an agency.
3 . Community confinement facility means a community treatment
center, halfway house, restitu tion center, mental health facili ty,
alcohol or drug r ehabilitation center, o r other community
correctional facility (including residential re-entry centers), other
than a juvenile facility, in whic h individuals reside as part o f a term
of imprisonment or as a condition of pre-trial release or post-
release supervision, while parti cipating in gainful employment,
employment search efforts, commu nity service, vocational traini ng,
treatment, educational programs, o r similar facility-approved
programs during nonres idential hours.
4 . Contractor means a person who provides services on a recurring
basis pursuant to a contract ual agreement with the agency.
5 . Detainee means any person detained in a lockup, regardless of
adjudication status.
6 . Direct staff supervision means that security staff is in the same
room with, and within reasonable hearing distance of, the resid ent
or inmate.
7 . Employee means a person who works di rectly for the agency or
facility.
8 . Exigent circumstances mean any set of tempor ary and unforeseen
circumstances that require immedi ate action in order to combat a
threat to the security or instit utional order of a facility.
9 . Facility means a place, institution, build ing (or part thereof), set of
buildings, structure, or area (w hether or not enclosing a build ing or
set of buildings) that is used by an agency for the confinement of
individuals.
10. Facility head means the principal official of a facility.
11. Full compliance means compliance with all material requirements of
each standard except for de minimis violations, or discrete and
temporary violations during otherwise sustained periods of
compliance.
12. Gender nonconforming means a person whose appearance or
manner does not conform to traditional societal gender
expectations.
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13. Inmate means any person incarcerated or detained in a prison or
jail.
14. Intersex means a person who’s sexual or reproductive anatomy or
chromosomal pattern does not seem to fit typical definitions of male
or female. Intersex medical condit ions are sometimes referred t o as
disorders of sex development.
15. Jail means a confinement facility of a Federal, State, or local law
enforcement agency whose primary use is to hold persons pending
adjudication of criminal charges , persons committed to confinem ent
after adjudication of criminal c harges for sentences of one yea r or
less, or persons adjudicated guilt y who are awaiting transfer t o a
correctional facility.
16. Juvenile means any person under the age of 18, unless under adult
court supervision and confined or detained in a prison or jail.
17. Law enforcement staff