California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 8 - California Prison Industry Authority
Chapter 1 - Rules and Regulations of California Prison Industry Authority
Article 6 - Personnel
Section 8118 - Sexual Misconduct with Incarcerated Individuals and Paroled Individuals

(a) Sexual Misconduct. For the purposes of this section, "sexual misconduct" means sexual behavior by a non-incarcerated individual who is on prison grounds on behalf of CALPIA that involves or is directed toward an incarcerated individual or paroled individual.

(b) All sexual behavior between an employee and an incarcerated individual or paroled individual constitutes sexual misconduct and must subject the employee to disciplinary action.

(c) Any person engaging in sexual misconduct may be subject to possible prosecution under the law.

(d) Sexual misconduct includes, but is not limited to:

(e) Penalties. All allegations of sexual misconduct must be subject to investigation.

(f) Reporting Requirements. An employee who observes or receives information concerning sexual misconduct must immediately report the information or incident directly to the Prison Industries Administrator, Manager, supervisor, or the highest-ranking official on duty at CALPIA Central Office, who must then immediately report to the CDCR Office of Internal Affairs. An employee who fails to accurately and promptly report an incident, information, or facts that would lead a reasonable person to believe sexual misconduct has occurred may be subject to disciplinary action.

(g) Confidentiality. An alleged victim who reports criminal sexual misconduct must be advised that his or her identity may be kept confidential from the public as described in Government Code Section 6254(f)(2). The alleged victim may request his or her identity to be kept confidential in court proceedings as described in Penal Code Section 293.5.