California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Article 8 - Incarcerated Person Sexual Safety
Section 3084 - Incarcerated Person-on-Incarcerated Person Sexual Violence, Staff-on-Incarcerated Person Sexual Misconduct, and Sexual Harassment of Incarcerated Persons

Universal Citation: 15 CA Code of Regs 3084

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A grievance in whole or part containing allegations of incarcerated person-on-incarcerated person sexual violence, staff-on-incarcerated person sexual misconduct, or sexual harassment of incarcerated persons shall be immediately reviewed by the Hiring Authority or designee. The incarcerated person shall not be required to use any informal grievance process, or otherwise attempt to resolve with staff, an alleged incident of incarcerated person-on-incarcerated person sexual violence or staff-on-incarcerated person sexual misconduct. When the grievance alleges or indicates that the incarcerated person may be in substantial risk of imminent incarcerated person-on-incarcerated person sexual violence, or imminent staff-on-incarcerated person sexual misconduct, then a risk assessment shall be immediately undertaken.

(b) An incarcerated person shall not submit a grievance on behalf of another person unless the grievance contains an allegation of incarcerated person-on-incarcerated person sexual violence, staff-on-incarcerated person sexual misconduct, or sexual harassment of any incarcerated person.

(1) There shall be no time limit for allegations of staff-on-incarcerated person sexual misconduct.

(2) A risk assessment determination of all staff-on-incarcerated person sexual misconduct related grievances shall be immediately completed by the Hiring Authority to determine if the incarcerated person is in substantial risk of imminent staff-on-incarcerated person sexual misconduct. If the assessment results in a determination that the incarcerated person is in substantial risk of imminent staff-on-incarcerated person sexual misconduct, the Hiring Authority shall take immediate corrective action.

(3) The Hiring Authority shall provide an initial response to the incarcerated person within 48 hours.

(4) An initial risk assessment shall be documented within 48 hours and the completed risk assessment determination by the Hiring Authority shall be documented within 5 calendar days describing whether the incarcerated person was determined to be in substantial risk of imminent staff-on-incarcerated person sexual misconduct and the action taken in response to the grievance.

(5) The incarcerated person may consider an absence of a timely response at any level a denial at that level.

(d) Incarcerated Person-on-Incarcerated Person Sexual Violence.

(1) There shall be no time limit for allegations of incarcerated person-on-incarcerated person sexual violence.

(2) A risk assessment determination of all incarcerated person-on-incarcerated person sexual violence related grievances shall be immediately completed by the Hiring Authority to determine if the incarcerated person is in substantial risk of imminent incarcerated person-on-incarcerated person sexual violence. If the assessment results in a determination that the incarcerated person is in substantial risk of imminent incarcerated person-on-incarcerated person sexual violence, the Hiring Authority shall take immediate corrective action.

(3) The Hiring Authority shall provide an initial response to the incarcerated person within 48 hours.

(4) An initial risk assessment shall be documented within 48 hours and the completed risk assessment determination by the Hiring Authority shall be documented within 5 calendar days describing whether the incarcerated person was determined to be in substantial risk of imminent Incarcerated person-on-incarcerated person sexual violence and the action taken in response to the grievance.

(5) The incarcerated person may consider an absence of a timely response at any level a denial at that level.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and 28 CFR Sections 35.107 and 115.52.

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