Cal. Code Regs. Tit. 15, § 3084 - Incarcerated Person-on-Incarcerated Person Sexual Violence, Staff-on-Incarcerated Person Sexual Misconduct, and Sexual Harassment of Incarcerated Persons

(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.

(c) Staff-on-Incarcerated Person Sexual Misconduct.

(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.

Notes

Cal. Code Regs. Tit. 15, § 3084

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

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

1. New section filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 91, No. 6.
2. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
3. Amendment of article and section headings, repealer and new section and amendment of Note filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
4. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
5. Amendment of article and section headings, repealer and new section and amendment of Note refiled 2-25-2021 as an emergency; operative 3/10/2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
6. Amendment of article and section headings, repealer and new section and amendment of Note refiled 10-4-2021 as an emergency; operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-4-2021 order, including amendment of subsection (a), transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).
8. Change without regulatory effect amending article heading, section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).