The purpose of this policy is to ensure compliance with Public Law 108-79, the Prison Rape Elimination Act of 2003 (PREA), and the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005. It shall provide guidelines for the prevention, detection, response, investigation, and tracking of sexual assaults and sexual misconduct between youth and/or staff and youth. A further purpose of this policy is to provide guidelines for the successful community re-entry of sexual assault/misconduct victims and treatment of the suspects. Lastly, this policy informs staff of their responsibility and liability as specified by law.  

Guidelines

1. The San Luis Obispo County Probation Department is committed to providing a safe, humane, secure environment, free from sexual misconduct. This shall be accomplished by maintaining a program to address education/prevention, detection, response, investigation, and tracking of sexual misconduct and to address successful community re-entry of the victim. The San Luis Obispo County Probation Department shall maintain a zero tolerance for sexual misconduct in the Juvenile Hall.  This shall be posted on the Department’s website.
2. All forms of sexual activity are strictly prohibited and may be referred to the District Attorney for filing of criminal charges. This policy applies to all youth detained in the Juvenile Hall, and persons  employed or allowed by the Probation Department to have direct access to detained youth, including volunteers, visitors and independent contractors.
3. Retaliatory measures against employees or youth who report incidents of sexual abuse shall not be tolerated and shall result in disciplinary action and/or criminal prosecution. Retaliatory measures include, but are not limited to, coercion, threats of punishment, or any other activities intended to discourage or prevent an employee or youth from reporting the sexual abuse. 

Definitions

• Mandated Reporter: Individuals deemed Mandated Reporters include any employee of the Probation Department as well as any Juvenile Hall educational, medical and Behavioral Health staff. 
• Youth: An individual who is detained in the Juvenile Hall, and is under the care of San Luis Obispo County Probation Department employees. 
• Rape: The penetration, however slight, of the oral, vaginal, or anal opening for the purpose of sexual arousal, gratification, or abuse under one or more of the following circumstances:
  1. Where the victim is incapable through an unsoundness of mind, physical incapacity, whether temporary or permanent or of youth giving consent;
  2. Where the victim resists but resistance is overcome by force or violence;
  3. Where the victim is prevented from resistance by threats of immediate and bodily harm, accompanied by an apparent power of execution, or is unable to resist because of any intoxicating, narcotic, or anesthetic substance;
  4. Where the victim submits under the belief that failure to submit will cause physical harm to some person in the future, damage to property, engaging in other conduct constituting a crime, accuse any person of a crime or cause criminal charges to be instituted against the victim, expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule;
  5. The act involves a youth and an adult.
• Sexual Activity: Physical contact between two or more persons of the same or opposite sex for the purpose of arousal or gratification. Such contact includes the following: active or passive contact or fondling of genitals, hands, mouth, buttocks, anus, or breast of another person who expresses or implies consent to the accused offender’s conduct.
•  Sexual Assault: Sexual physical contact without the other person’s expressed or implied consent, or the other person is unconscious or otherwise physically incapable of resisting, or verbal or written sexual proposals, threats, or harassment of another person. 
• Sexual Misconduct: A range of behavior used to obtain sexual gratification or power and control, against another’s will or at the expense of another.  It includes sexual harassment, sexual assault, and any conduct of a sexual nature that is without consent, or has the effect of threatening or intimidating the person against whom such conduct is directed.
• Blind Spots: An area which, due to the building design, precludes adequate viewing and monitoring.
• PREA Coordinator: A management level member of the staff appointed by the Chief Probation Officer, responsible for ensuring all Departmental PREA efforts are in compliance with the PREA Act.
• Aggressor: Youth or staff member, who attempts to commit, or commits a sexual assault and/or coercion of a victim that results in either consensual or non-consensual sexual contact.
• Coercion: A threat, however communicated, to commit an offense; to inflict bodily injury in the future on the person threatened or another, to accuse a person of any offense, to harm the credit or business reputation of any person, to take or withhold action as a public servant, or to cause a public servant to take or withhold action. 
• “Need to Know” Basis: When the information is relevant and necessary in the ordinary performance of that staff person’s official duties. Staff members receiving information regarding the sexual assault of a youth SHALL NOT share said information to any individual not directly involved in the response and investigation of the incident.
• Non-Consensual: Not giving permission for or consent to an action being taken by another person. 
• NOTE: In sexual activity between a youth and a staff member, the concept of “consent” DOES NOT EXIST. Staff members involved in sexual activity with youth are immediately presumed to be the aggressor regardless of the youth’s level of resistance.
• Victim: For purposes of this policy, a youth who is sexually assaulted or is subjected to non-consensual sexual contact by another youth or by a staff member. 
• Victim Advocate: A community based individual typically employed by a Rape Crisis Center whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing completion of a training program in the counseling of sexual assault victims issued by an approved counseling center. The Victim Advocate will be summoned to assist the alleged victim of an in-custody sexual assault. In cases where an outside Victim Advocate is not available, a designated employee who has completed the required training will be called upon to provide support to a victim of in-custody sexual assault. (Refer to Evidence Code 1035.2) 
• Victim Support Person: Any person of the alleged victim’s choosing which could include another resident, personal friend or family member. 
• Reporting Chain of Command: Any uninvolved Juvenile Services Officer III, acting Shift Leader, Supervising Deputy Probation Officer, Chief Deputy Probation Officer or Chief Probation Officer.

 Education and Prevention 

1. Staff/Employee/Volunteer Education

All employees, volunteers and contractors who will have direct contact with youths, shall receive four hours of initial instruction related to PREA, to include the following areas:

• Prevention

• Detection

• Response

• Investigation

• Zero Tolerance Policy

• Dynamics of sexual abuse in juvenile facilities

• Dynamics of sexual abuse between youth and between youth and staff

• Appropriate staff boundaries

• Mandatory reporting

• Issues related to the LGBTQ population

All employees, who will have direct contact with youth, shall receive a PREA training update every two years following the initial four hours of instruction.

Training provided to non-sworn staff may be condensed, at the discretion of the PREA Coordinator. All employees, including volunteers and contractors shall be required to sign a PREA Acknowledgement Form indicating that they have read and understand PREA Policy and Procedure.

The Department’s PREA Coordinator shall be responsible for maintaining PREA Acknowledgement Forms for no less than 7 years after the individual who signed the form has left the agency. 

2. Youth Education 

Verbal and written information shall be provided to the resident population addressing:

1. Prevention and Intervention

2. Reporting

3. Treatment and Counseling

Following admission to the facility, all youth shall be provided with a Juvenile Hall Handbook, which includes information regarding PREA, institutional programming, facility rules and regulations, and youth’s rights. 

Approved PREA posters, which contain Departmental policy and sexual assault reporting telephone numbers, shall be posted in designated locations throughout each facility.  At a minimum, these locations shall include all housing units; the nurse’s examination room, visiting rooms, public lobby, and intake area.

Residents not fluent in English may be accommodated through the use of a non-resident translator.  Every effort shall be made to accommodate residents with low literacy levels or other disabilities. 

E. Detection 

All staff, volunteers and contractors are responsible for protecting youth in their custody/care.  Every employee, volunteer and contractor is responsible for the immediate and confidential reporting to the Reporting Chain of Command, any information/suspicion that indicates a resident is being, or has been sexually assaulted while detained in the Juvenile Hall.  Timeliness is crucial when reporting and investigating sexual assaults.  Staff shall not hesitate to report any such findings or reasonable suspicions of sexual misconduct.”  

Any mandated reporter, as defined, who has knowledge of or observes a youth, in his or her professional capacity or within the scope of his or her employment, whom he or she knows or reasonably suspects has been the victim of a sexual assault shall report such suspected incident to Youth Protection Services verbally within 24 hours and shall prepare and send a written report thereof within 36 hours of receiving the information concerning the incident.  

Any staff member, volunteer or contractor receiving notice of alleged sexual misconduct via a completed grievance form shall immediately notify and hand-carry the document to any non-involved individual in the Reporting Chain of Command.  

Any mandated reporter who fails to report an instance of sexual assault involving a youth which he or she knows to exist or reasonably should have known to exist may be guilty of a misdemeanor which is punishable by confinement in the county jail for a term not to exceed six months or by a fine of not more than one thousand dollars ($1,000) or by both.  

Non-mandated reporters having contact with youth, including all volunteers and contractors, having knowledge of a sexual assault shall be expected to immediately contact the highest ranking uninvolved staff member on duty.   Failure to cooperate could result in the individual being terminated from service.

F. Victim Advocate and Support Person 

Pursuant to Section 264.2 of the California Penal Code, a sexual assault victim has the right to have a victim advocate and/or a victim support person, of the victim’s choosing, present during their medical examination. In most cases, the victim advocate will be from a local Rape Crisis Center. 

Pursuant to Section 679.04, a sexual assault victim has the right to have a victim advocate and/or victim support person, of the victim’s choosing, present during all investigatory interviews conducted by law enforcement, the district attorney, or defense counsel.  

NOTE: In the event the victim requests that a Victim Support Person’s involvement and that person would not otherwise be allowed in the facility (i.e. existing warrant, probation/parole status, etc.) the person shall not be allowed to enter the facility, and the victim shall be invited to select an alternate Victim Support Person.

G. Response

1. General:  When interacting with an alleged victim of sexual assault, all staff are expected to be remain sensitive as to emotional and/or physical trauma the victim may be experiencing, and to maintain strict confidentiality.   

2. Resident/Resident Sexual Assault:  All staff will ensure both the victim and offender have no contact with one another and remain separated by sight and sound whenever possible.

3. Staff/Resident Sexual Assault:  Immediate efforts must be made to eliminate contact between the staff member and the victim. Reports alleging incidents of staff on resident sexual assault shall be immediately reported to any individual in the Reporting Chain of Command. 

NOTE: Victims are to be provided with general information regarding the progress and outcomes of investigations.

H. Medical Services Responsibilities

1. Medical personnel shall immediately notify the Reporting Chain of Command of all youth reported sexual assaults. 

2. Medical staff shall be responsible for the preservation of any and all evidence on the victim’s body during an initial exam. Institutional clinic staff shall not be responsible for conducting the initial evidence examination.

3. Follow-up testing for sexually transmitted infections/diseases and HIV will be offered. 

I. Re-Classification

Any youth deemed the suspect or victim of an alleged sexual assault shall immediately be referred to both Behavioral Health and the Shift Leader or Supervising Deputy Probation Officer for further evaluation and screening for appropriate unit assignment and roommate status.

J. Investigation

All reports of sexual misconduct that are believed to be criminal in nature shall be reported to any uninvolved individual on the Reporting Chain of Command. 

In compliance with PREA, following the reporting and response to sexual misconduct or assault, a thorough investigation shall be conducted and thoroughly documented. 

K. False Allegations

If upon the completion of an investigation it is determined that the allegations of a sexual assault were willfully and intentionally falsified, the youth(s) making the allegations may be subject to discipline based on Juvenile Hall policy.  Willful and intentionally false accusations are to be considered to be a rule violation, and could result in criminal charges.

L. Victim Crisis Counseling

Victims may need assistance in dealing with the trauma associated with a sexual assault.  The Shift Leader or Supervising Deputy Probation Officer is responsible to ensure victims receive crisis counseling from Behavioral Health staff, and the Rape Crisis Center at the victim’s request. Crisis counseling by a licensed therapist with experience in sexual assault shall be offered as soon as possible following the sexual assault. 

Staff should monitor sexual assault victims for suicidal ideation and self-injurious behaviors. 

M. Community Re-Entry

The Probation Department will be responsible for coordinating follow-up services once the victim is released from custody.

N. Tracking and Data Collection

All case records associated with claims of sexual abuse, including institution incident reports, investigative reports, resident information, case disposition, medical and Behavioral Health evaluation findings, and recommendations for post-release treatment and/or counseling, shall be retained within the Juvenile Hall, in a location to be determined by the Chief Deputy of the Custody Division.

O. Hiring, Screening and Promotional Decisions

The Probation Department shall not hire or promote anyone, or engage the services of a contractor with direct contact with detained youths, who has engaged in sexual abuse in an institutional setting, who has been convicted of engaging in sexual activity in the community facilitated by force, the threat of force, or coercion, or who has been civilly or administratively adjudicated to have engaged in such activity. This information shall be verified during the applicant’s background investigation.

1. The background investigation of any individual who shall have direct contact with detained youth shall include inquiries to the Megan’s Law and National Sex Offender Public Website data bases.

2. The Probation Department shall conduct background checks on any existing non-sworn employee, volunteer or contractor with direct contact with detained youth at least every five years.

3. A contractor who is determined to have any of the following shall not be allowed to have direct contact with detained youth.

a. Engaged in sexual abuse in a juvenile or adult detention facility (42 U.S.C 1997)

b. Convicted of engaging in or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of violence, or coercion, or if the victim did not consent or was unable to consent or refuse.

c. Has been civilly or administratively adjudicated to have engaged in the activity described in 1. or 2. of this section.

P. Administrative Response and Sanctions

1. All allegations of sexual abuse within the Juvenile Hall shall be referred to the Sheriff’s Office for investigation.

2. The presumptive sanction for staff who has engaged in any form of sexual misconduct with any individual under the jurisdiction of the Probation Department is termination.

Q. Reporting and Notification

1. Medical, Behavioral Health and educational staff assigned to the Juvenile Hall shall be available to accept any reports of sexual misconduct from youth who may be uncomfortable reporting this information to a member of the Probation Department.

2. Third Party Reporting

The Probation Department shall accept third party reports (reports from an individual other than the victim) in all cases involving alleged sexual misconduct. 

3. Notification to Youth and Parents

An explanation of the Probation Department’s PREA policy including the Department’s position on “Zero Tolerance” shall be made available to youth and parents through publicly posted material and inclusion within the Juvenile Hall Handbook.

R. Safety Assessment and Planning

1. The PREA coordinator shall ensure that an assessment is conducted annually to determine whether modifications are required in any of the following areas:

a. Staffing plan and prevailing staffing patterns

b. Deployment of video monitoring systems

c. Facility resources are available to ensure adherence to the staffing plan

2. Any future additions and/or modifications to the facility physical plan shall take into consideration the following when developing the building’s design:

a. Video monitoring

b. Blind spots

c. Adequate accommodations for protective housing