Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
1 12/0 6/2021 12/06/ 2021
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_________________ _______
904 – Prison Rape Elimination Act 1 POLICY 904 PRISON RAPE ELIMINATION ACT
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 detain ees or prisoners in the Tustin
Police Department Temporary Holding Facility (28 CFR 115.111).
904.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: N/A
904.1.2 DEFINITIONS
Definitions related to this policy include:
Intersex - A person who’s 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 or prisoner does not consent, is coerced
into such act by overt or implied threats of violence or , is unable to consent or refuse:
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, eit her 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 n employee , contractor o r volunteer as follows, with or
without consent of the detainee or prisoner :
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) Contact between the mouth and any body part where the employee , contractor or volunteer
has the intent to abuse, arouse or gratify sexual desire ;
d) Penetration of the anal or genital opening, however slight, by a hand, finger, object or other
instrument, that is unrelated t o official duties, or where the employee , contractor or volunteer
has the intent to abuse, arouse or gratify sexual desire ;
e) Any other intentional contact, either directly or through the clothing, of or with the genitalia,
anus, groin, breast, inner thigh o r the buttocks, that is unrelated to official duties, or where
CATEGORY DATE ADOPTED LAST REVIEW
1 12/0 6/2021 12/06/ 2021
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_________________ _______
904 – Prison Rape Elimination Act 2 the employee , contractor or volunteer has the intent to abuse, arouse or gratify sexual
desire ;
f) Any attempt, threat or request by an employee , contractor or volunteer to engage in the
activitie s described above ;
g) Any display by an employee , contractor or volunteer of his/her uncovered genitalia, buttocks
or breast in the presence of a detainee or prisoner ;
h) Voyeurism by a n employee , 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
or prisoner that are directed toward another; repeated verbal comments or gestures of a se xual
nature to a detainee or prisoner by a n employee , 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 per son 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 Tustin 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 abu se or sexual
harassment investigation.
The Tustin 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 Chief of Police 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 Tustin
Police Department Temporary Holding Facility (28 CFR 1 15.111).
The PREA Coordinator's responsibilities shall include:
a) Developing and maintaining procedures to comply with the PREA Rule ;
b) Ensuring that any agreement for the confinement of detainees or prisoners includes the
requirement to adopt and comply wi th 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