Police Department Policy

doc_1345922

Santa Ana PD

Policy Text
Policy 310Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2024/05/22, All Rights Reserved. Published with permission by Santa Ana Police DepartmentPrison Rape Elimination Act Training - 1Prison Rape Elimination Act Training 310.1 PURPOSE AND SCOPE This policy establishes an education and training process related to implementation of the Prison Rape Elimination Act of 2003 (PREA) and the implementing regulation (PREA Rule) (28 CFR 115.5 et seq.). 310.2 POLICY The Santa Ana Police Department endeavors to comply with the training standards in the PREA Rule and to ensure that all staff, volunteers, and contractors, are aware of their responsibilities and that staff, volunteers, contractors, and incarcerated persons are aware of the policies and procedures of the facility as they relate to PREA. 310.3 MEMBER TRAINING All staff, volunteers, and contractors who may have contact with incarcerated persons shall receive department-approved training on the prevention and detection of sexual abuse and sexual harassment within this facility. The PREA Program Coordinator shall ensure that the staff receives training and testing in prevention and intervention techniques, that they have sufficient knowledge to answer any questions the arrestees and incarcerated persons may have regarding sexual assault or abuse, and that they are familiar enough with the reporting process to take an initial report of a sexual assault or abuse. The PREA Program Coordinator shall be responsible for developing and administering this training, covering at minimum (28 CFR 115.31; 28 CFR 115.32): (a)The zero-tolerance policy for sexual abuse and sexual harassment and how to report such incidents. (b)The dynamics of sexual abuse and sexual harassment in confinement. (c)The common reactions of sexual abuse and sexual harassment victims. (d)Prevention and intervention techniques to avoid sexual abuse and sexual harassment in the jail. (e)Procedures for the investigation of a report of sexual abuse and/or sexual harassment. (f)Individual responsibilities under sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures. (g)An individual's right to be free from sexual abuse and sexual harassment. (h)The right of incarcerated persons to be free from retaliation for reporting sexual abuse and sexual harassment. (i)How to detect and respond to signs of threatened and actual sexual abuse. (j)How to communicate effectively and professionally with incarcerated persons, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming incarcerated persons. Santa Ana Police Department Custody Manual Prison Rape Elimination Act Training Copyright Lexipol, LLC 2024/05/22, All Rights Reserved. Published with permission by Santa Ana Police DepartmentPrison Rape Elimination Act Training - 2(k)How to comply with relevant laws related to mandatory reporting of sexual abuse and sexual harassment to outside authorities. (l)How to avoid inappropriate relationships with incarcerated persons. Training shall be tailored according to the gender of the incarcerated persons at the facility. Staff should receive additional training on security measures and the separation of multiple gendered populations in the same facility if incarcerated persons have been reassigned from a facility that houses only a single gender incarcerated person population. Training should include written testing to validate knowledge and understanding of the material. The PREA Program Coordinator shall document, through signature or electronic verification, that staff, volunteers, and contractors have received and understand the training. The Training Supervisor will maintain training records on all those receiving training in accordance with procedures developed by the Department. The Training Commander shall ensure that members undergo annual refresher training that covers the department's sexual abuse and sexual harassment policies and related procedures (28 CFR 115.31) 310.4 SPECIALIZED MEDICAL TRAINING All full- and part-time qualified health care and mental health professionals who work regularly in the facility shall receive all of the member training listed above, as well as training that includes (28 CFR 115.35): (a)Detecting and assessing signs of sexual abuse and sexual harassment. (b)Preserving physical evidence of sexual abuse. (c)Responding effectively and professionally to victims of sexual abuse and sexual harassment. (d)Reporting allegations or suspicions of sexual abuse and sexual harassment. The Training Supervisor shall maintain documentation that the facility's health care and mental health professionals have received the training referenced above, either from this department or elsewhere. 310.5 SPECIALIZED INVESTIGATIVE TRAINING Specialized investigative training for investigators shall include the uniform evidence protocol to maximize potential for obtaining useable physical evidence; techniques for interviewing sexual abuse victims; proper use of Miranda and Garrity warnings; sexual abuse evidence collection in confinement settings; and the criteria and evidence required to substantiate a case for administrative action or referral for prosecution (28 CFR 115.21; 28 CFR 115.34). All cases requiring a criminal investigation shall be completed by a peace officer. If a member of SAJ staff is the alleged perpetrator, an investigator from the District Attorney's office shall conduct the criminal investigation.

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