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Policy 606Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Prison Rape Elimination Act - 1Prison Rape Elimination Act 606.1 PURPOSE AND SCOPE This policy provides guidance for compliance 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 and sexual harassment (28 CFR 115.11; 15 CCR 1029). 606.1.1 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 incarcerated person 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): (a)Contact between the penis and the vulva or the penis and the anus, including penetration, however slight (b)Contact between the mouth and the penis, vulva, or anus (c)Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument (d)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 incarcerated person, detainee, 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 •Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described above Santa Ana Police Department Custody Manual Prison Rape Elimination Act Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Prison Rape Elimination Act - 2•Any display by a staff member, contractor, or volunteer of their uncovered genitalia, buttocks, or breast in the presence of an incarcerated person, detainee, or resident •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 one incarcerated person, detainee, or resident that are directed toward another; repeated verbal comments or gestures of a sexual nature to an incarcerated person, detainee, 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; 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). 606.2 POLICY This department has zero tolerance with regard to sexual abuse and sexual harassment in this facility. This department will take appropriate affirmative measures to protect all incarcerated persons from sexual abuse and harassment, and promptly and thoroughly investigate all allegations of sexual abuse and sexual harassment. 606.3 PRESERVATION OF ABILITY TO PROTECT INCARCERATED PERSONS The Department shall not enter into or renew any collective bargaining agreement or other agreement that limits the department's ability to remove alleged staff sexual abusers from contact with any incarcerated persons pending the outcome of an investigation or of a determination of whether and to what extent discipline is warranted (28 CFR 115.66). 606.4 PREA COORDINATOR The Jail Administrator shall appoint a supervisor with sufficient time and authority to develop, implement, and oversee department efforts to comply with the PREA standards. The PREA coordinator shall review facility policies and practices, and make appropriate compliance recommendations to the Jail Administrator (28 CFR 115.11). The PREA coordinator's responsibilities shall include: (a)Developing a written plan to coordinate response among staff first responders, medical and mental health practitioners, investigators, and facility management to an incident of sexual abuse. The plan must also outline the department's approach to identifying imminent sexual abuse toward incarcerated persons and preventing and detecting such incidents (28 CFR 115.11;