Policy Text
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County Sheriff's Office Prison Rape Elimination Act - 1 Policy
606 Santa Clara County Sheriff's Office
Custody Manual
Prison Rape El imination Act
606.1 PURPOSE AND SCOPE
This policy provides guidance for compliance with the Prison Rape Elimination Act of 2003 (PREA)
and the implementing regulatio n that establishes standards (PREA Rule) t o prevent, detect, and
respon d to sexual abuse and sexual harassment (28 CFR 115.11; 15 CCR 1029).
606.1.1 DEFINITIONS
Definition s related to this poli cy include:
Gender Nonconforming - A person whose appearance or manner does not conform to traditional
societal gender expectations.
Incarcerated Persons - Any person, whether in pretrial, un-sentenced or sentenced status, who is
confined in a correctional facility or who is serving a sentence though not confined in a correctional
facility such as an Out- of-Custody Program.
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 - Sexual abuse of an incarcerated person, detainee, or resident by
another incarcerated person, detainee, or resident, includes 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 .
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Copyright Lexipol, LLC 2024/0 9/10, All Rights
Reserved. Published with permission by Santa Clara
County Sheriff's Office Prison Rape Elimination Act - 2 Santa Clara County Sheriff's Office
Custody Manual
Prison Rape Elimination Act
• 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 .
• 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).
Transgende r - A person who se gender identity (i.e., internal sen se of feeling mal e or femal e) is
different from the person' s assigned se x at birt h (28 CFR 115.5).
Youthful Incarcerated Perso n - Any person und er the ag e of 18 wh o is under adult court
supervision and incarcer ated or detained in a prison or jail.
606.2 POLICY
This Office