HomeMy WebLinkAboutAgreement A-21-211 with US Customs and Border Protection.pdf1 Memorandum of Understanding (MOU) Between the County of Fresno and the United 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 States Customs and Border Protection This Memorandum of Understanding (MOU) is made between the County of Fresno, a political subdivision of the State of California, hereinafter referred to as "COUNTY" and the United States Customs and Border Protection, hereinafter referred to as "CBP." WHEREAS, CBP desires to house CBP detainees in the County of Fresno Jail; and WHEREAS, the COUNTY agrees to provide such service on the terms and conditions set forth herein. NOW, THEREFORE, the parties agree as follows: 1. CBP DETAINEES. The COUNTY agrees to provide for the secure custody, safekeeping, housing, subsistence and care of up to six CBP detainees at any one time (individually, "CBP Detainee" or collectively, "CBP Detainees") in the Fresno County Jail ("Facility"). 2. MEDICAL SERVICES. a. The COUNTY shall provide the CBP Detainees with the same level and range of care inside the Facility as that provided by the COUNTY to state and local detainees as required by law and applicable regulations, policies, and procedures. The COUNTY is only financially responsible for all medical care provided inside the Facility to CBP Detainees. This includes the cost of all routinely provided medical, dental, and mental health care at the Facility, as well as the cost of medical supplies, over-the-counter medications and, any prescription medications routinely stocked by the Facility which are provided to CBP Detainees. When possible, generic medications shall be prescribed. The cost of all of the above-referenced medical care is covered by the Per Diem Rate, set forth in Section 6 below. However, for specialized medical services ("Specialized Medical Services") not routinely provided within the Facility, such as dialysis, and specialized medication ("Specialized Medication"), CBP will pay for the cost of those services and medications pursuant to Agreement No. 21-211
1 procedure set forth in Section 6, below. Determination of what qualifies as Specialized 2 Medical Services and Specialized Medication shall be made by the COUNTY at its sole 3 discretion. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. CBP is financially responsible for all medical care provided to the CBP Detainees outside the Facility. CBP must and will be billed directly by outside medical care providers pursuant to arrangements made by the COUNTY for outside medical care. CBP will not be billed directly by the COUNTY. If the COUNTY receives any bills for medical care provided to CBP Detainees outside the Facility, the COUNTY will immediately forward those bills to CBP for processing and payment by CBP. All outside medical care provided to CBP Detainees must be pre-approved by CBP except in a medical emergency where the CBP Detainees is not in the facility of an outside medical care provider and where outside medical care is required. In the event of a medical emergency, the COUNTY shall proceed immediately with the necessary medical treatment given the circumstances. In such an event, the COUNTY shall notify CBP as soon as practicable regarding the nature of the CBP Detainees' illness or injury as well as the types of treatment provided. The COUNTY is responsible for all associated medical record keeping it creates and receives from outside medical care providers pursuant to Section (2)(d). c. The Facility shall have in place an adequate infectious disease control program which includes testing of all CBP Detainees for Tuberculosis (TB) within fourteen (14) calendar days of intake. TB testing shall be accomplished in accordance with the latest Centers for Disease Control (CDC) Guidelines and the result promptly documented in the CBP Detainees' medical records. All CBP Detainees shall be tested for COVID-19 in accordance with the Facility's guidelines for COVID-19 testing in order to mitigate the impact of the COVID-19 pandemic and as necessary for the preservation of public health and safety. Special requests for expedited TB, COVID-19, and clearance (to include time-sensitive moves) will be accomplished through advance coordination by CBP and the COUNTY. The COUNTY shall immediately notify CBP of any cases of suspected or active TB, COVID-19, 2
1 2 3 4 5 6 7 8 9 or any other highly communicable diseases such as Severe Acute Respiratory Syndrome (SARS), Avian Flu, Methicillin-Resistant Staphylococcus Aureus (MRSA), Chicken Pox, and the like, which might affect scheduled transports so that protective measures can be taken by CSP. d. Medical records must travel with the CBP Detainees at all times. If the records are maintained at a medical contractor's facility, it is the COUNTY's responsibility to obtain them before a CBP Detainees is moved. 3. TERM. This MOU is effective June 22, 2021 and shall continue in full force and effect until June 21, 2026, unless earlier terminated according to herein. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. TERMINATION. a. Non-Allocation of Funds -The terms of this MOU, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this MOU may be terminated by the COUNTY, at any time by giving CSP thirty (30) calendar days advance written notice. b. Breach of Contract -The COUNTY may immediately suspend or terminate this MOU in whole or in part, where in the determination of the COUNTY there is on the part of the CSP: i. An illegal or improper use of funds; ii. A failure to comply with any term of this MOU; iii. A substantially incorrect or incomplete report submitted to the COUNTY; iv. Any delay in payment by CSP. In no event shall receipt of any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this MOU or any default which may then exist on the part of CSP. Neither shall such receipt of payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Without Cause -Under circumstances other than those set forth above, this MOU may be terminated without cause or penalty by either party on the giving of thirty (30) calendar days advance written notice of an intention to terminate to the other party. 5. INVOICE. The COUNTY shall invoice CBP monthly for the services rendered hereunder and any Specialized Medical Services or Specialized Medication provided during the previous month. Such invoices shall be addressed to CBP as follows: 6. U.S. Customs and Border Protection 555 Battery Street San Francisco, CA 94111 Attn: Mission Support Chief PAYMENT. Payment for services rendered hereunder and any Specialized Medical Services or Specialized Medication provided shall be made by CBP within thirty (30) calendar days of the invoice date. Payment shall be addressed to the COUNTY as follows: Fresno County Sheriff's Office P.O. Box 1788 Fresno, CA 93717 Attn: Business Office CBP agrees to pay the COUNTY the rate of $125.00/calendar day ("Per Diem Rate") per CBP Detainee housed in the Facility. This Per Diem Rate does not cover Specialized Medical Services or Specialized Medication, both of which shall be paid separately by CBP to the COUNTY. Nor does this Per Diem Rate cover any medical care provided to the CBP Detainees outside the Facility, as CBP must and will be billed directly by outside medical care providers pursuant to arrangements made by the COUNTY for outside medical care pursuant to Section 2(b), above. 7. LIABILITY. Neither party to this MOU, nor its officers and employees, shall assume any liability for the negligent or wrongful acts or omissions of the other party, its officers or employees. Nothing contained in this MOU shall create, or be deemed to create, any 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 relationship of principal-agent, master-servant, employer-employee, partnership, joint venture, or association between CBP and the COUNTY. The relationship between CBP and the COUNTY under this MOU is that of independent contractors, with each party at all times acting in an independent capacity from the other. 8. PERFORMANCE. The provision of contract services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services hereunder and the management of personnel so employed, shall remain in the control of the Sheriff's Office. In the event of a dispute between the parties hereto as to the extent and duties and functions to be rendered under this MOU, or the minimum level or manner of such performance of such services, the determination made by the COUNTY's Sheriff's Office shall be final and conclusive. 9. PRISON RAPE ELIMINATION ACT. The Prison Rape Elimination Act of 2003 (PREA), Public Law 108-79 (Sept. 4, 2003), established a "zero-tolerance standard" for rape in prisons in the United States. 42 U.S.C. § 15602(1). In response to PREA, The Department of Homeland Security (OHS) issued a final rule adopting national standards to prevent, detect, and respond to sexual abuse in OHS confinement facilities. 6 C. F. R. Part 115. These national standards apply to CBP. 42 U.S.C. § 15607(c)(2). The Facility must post the Prison Rape Elimination Act ("PREA'') brochure/bulletin provided by CBP in each housing unit of the Facility. The Facility must abide by all relevant PREA regulations. The Facility must also adopt and comply with the OHS national standards with respect to CBP Detainees housed at the Facility. The parties must institute a system of monitoring to ensure the Facility's compliance with the OHS national standards with respect to CBP Detainees. Accordingly, CBP shall utilize and comply with the U.S. Immigration and Customs Enforcement Sexual Abuse And Assault Prevention and Intervention Policy No. 11062.2, a copy of which is attached hereto as Exhibit A, which is incorporated herein, and any amendments thereto or modifications thereof, and COUNTY shall utilize and comply with the Fresno County Sheriff's Office Jail Division Policies And Procedures Sexual Misconduct And Abuse No: D-360, and 5
1 copy of which is attached hereto as Exhibit B, is incorporated herein, and any amendments 2 thereto or modifications thereof. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. SERVICE CONTRACT ACT. This MOU incorporates the following Federal Acquisition Regulation ("FAR") clauses by this reference, with the same force and effect as if it was given in full text: 52.222-41 Service Contract Labor Standards; 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014); and 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (August 2018). The full text of these FAR clauses may be accessed electronically at the following website: https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id 123456m. 11. MODIFICATION. Any matters of this MOU may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. 12. NON-ASSIGNMENT. Neither party shall assign, transfer or sub-contract this MOU nor their rights or duties under this MOU without the prior written consent of the other party. 13. PREVAILING WAGE RATE. The current COUNTY wage rates shall be the prevailing wages unless notified by CBP. 14. THIRD PARTIES. This MOU is between CBP and the COUNTY and does not create or confer any rights, privileges, or benefits, substantive or procedural, upon any person, party, or entity, enforceable at law against the COUNTY or the United States, CBP, its respective agencies, officers, or employees. 15. STATE LEASES. CBP acknowledges that the COUNTY has entered into or will enter into the following agreements to facilitate the financing of the new facility (referred to herein as the "West Annex") which will be accomplished through the forthcoming issuance of lease revenue bonds (the "Bonds") by the State Public Works Board of the State of California (the "Board"). The COUNTY represents that it entered into a ground lease (the "Ground 6
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lease") with the Board of State and Community Corrections of the State of California ("BSCC") leasing to BSCC the land upon which the West Annex is located, and, that prior to the forthcoming issuance of the Bonds, BSCC and the Board will enter into a site lease and a facility lease (the "State Leases") with respect to the Bonds and that BSCC will then sublease the West Annex back to the COUNTY (together with the Ground Lease and the State Leases, the "Financing Leases"). CSP agrees that notwithstanding any provision in this MOU to the contrary, this MOU does not confer upon the CSP any right, title or interest in the West Annex, but if such right, title or interest may otherwise exist, this MOU will be subordinate and subject to the terms of the Financing Leases. Notwithstanding any provision in this MOU to the contrary, the COUNTY has the right, without penalty or cause, to terminate this MOU at any time upon at least thirty (30), but not later than fifty (50), calendar days written notice. 16. NOTICES. The persons and their addresses having authority to give and receive notices under this MOU include the following: CSP: U.S. Customs and Border Protection 555 Battery Street San Francisco, CA 94111 Attn: Mission Support Chief COUNTY: Fresno County Sheriff's Office P.O. Box 1788 Fresno, CA 93717 Attn: Business Office All notices between the COUNTY and CSP provided for or permitted under this MOU must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A 7
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this MOU, nothing in this Section 16 establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 17. ENTIRE AGREEMENT. This MOU constitutes the entire agreement between CBP and the COUNTY with respect to the subject matter hereof and supersedes all previous agreement and memorandum of understanding negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this MOU. 18. COUNTERPARTS. This MOU may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same MOU, binding on the parties hereto according to its terms and conditions. [Go to signature page] 8
1 IN WITNESS WHEREOF the parties hereto have caused this MOU to be
2 executed.
3
4 UNITED STATES
5 CUSTOMS AND BORDER PROTECTION
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
COUNTY OF FRESNO
s_adii n
of the Board of Supervisors of the
County of Fresno
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors,
County of Fresno of the State of
Cslifomia
By: d,J'n •, ~
Deputy
11062.2: Sexual Abuse and Assault Prevention and Intervention
Issue Date: May 22, 2014
Effective Date: May 22, 2014
Superseded: ICE Policy No. 11062.1: Sexual Abuse and Assault Prevention
and Intervention (May 11, 2012)
Federal Enterprise Architecture Number: 306-112-002b
1.Purpose/Background. This Directive establishes policy and procedures for the
prevention of sexual abuse or assault of individuals in U.S. Immigration and Customs
Enforcement (ICE) custody, and provides agency-wide policy and procedures for timely
notification of sexual abuse and assault allegations, prompt and coordinated response and
intervention, and effective monitoring of sexual abuse and assault incidents.
This Directive is intended to implement the requirements of the U.S. Department of
Homeland Security (DHS) regulation titled, “Standards to Prevent, Detect, and Respond
to Sexual Abuse and Assault in Confinement Facilities,” 79 Fed. Reg. 13100 (Mar. 7,
2014), and complement the requirements of the 2011 Performance-Based National
Detention Standard on “Sexual Abuse and Assault Prevention and Intervention” (PBNDS
2011 Standard 2.11) and other related detention standards and ICE policies that establish
the responsibilities of ICE detention facility staff and ICE personnel with respect to
prevention, response and intervention, reporting, investigation, and tracking of incidents
of sexual abuse or assault. This Directive ensures an integrated and comprehensive
system of preventing and responding to sexual abuse or assault of individuals in ICE
custody, including through a coordinated, multidisciplinary team approach, consistent
with the goals of the Prison Rape Elimination Act of 2003, Pub. L. No. 108-79, 117 Stat.
972 (2003) (PREA).
2.Policy. ICE has a zero tolerance policy for all forms of sexual abuse or assault. It is ICE
policy to provide effective safeguards against sexual abuse and assault of all individuals
in ICE custody, including with respect to screening, staff training, detainee education,
response and intervention, medical and mental health care, reporting, investigation, and
monitoring and oversight, as outlined in this Directive, in the requirements of PBNDS
2011 Standard 2.11, and in other related detention standards and ICE policies.
3.Definitions. The following definitions apply for purposes of this Directive only:
3.1. Custody. Custody means that period of time during which a person has been arrested by
ICE under its administrative and/or criminal authorities, is physically present in an ICE
owned, -leased, or -contracted detention, holding, or other facility pursuant to such
authorities, or is being transported by ICE (including for purposes of removal from the
United States) pursuant to such authorities. Custody ends when the person is released
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Exhibit A
2
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
from ICE's physical confinement, control, or restraint, including upon transfer to another
agency for detention under its own legal authorities.
3.2. Detainee. Detainee means an individual in ICE custody.
3.3. Sexual Abuse and Assault.
1) Sexual abuse and assault includes:
a) Sexual abuse and assault of a detainee by another detainee; and
b) Sexual abuse and assault of a detainee by a staff member, contractor, or volunteer.
2) Sexual abuse and assault of a detainee by another detainee includes any of the
following acts by one or more detainees who, by force, coercion, or intimidation, or if
the victim did not consent or was unable to consent or refuse, engages in or attempts
to engage in:
a) Contact between the penis and the vulva or anus and, for purposes of this
subparagraph, contact involving the penis upon penetration, however slight;
b) Contact between the mouth and the penis, vulva, or anus;
c) Penetration, however slight, of the anal or genital opening of another person by a
hand or finger or by any object;
d) Touching of the genitalia, anus, groin, breast, inner thighs or buttocks, either
directly or through the clothing, with an intent to abuse, humiliate, harass, degrade
or arouse or gratify the sexual desire of any person; or
e) Threats, intimidation, or other actions or communications by one or more
detainees aimed at coercing or pressuring another detainee to engage in a sexual
act.
3) Sexual abuse and assault of a detainee by a staff member, contractor, or
volunteer includes any of the following acts, if engaged in by one or more staff
members, volunteers, or contract personnel who, with or without the consent of the
detainee, engages in or attempts to engage in:
a) Contact between the penis and the vulva or anus and, for purposes of this
subparagraph, contact involving the penis upon penetration, however slight;
b) Contact between the mouth and the penis, vulva, or anus;
c) Penetration, however slight, of the anal or genital opening of another person by a
hand or finger or by any object that is unrelated to official duties or where the
3
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify
sexual desire;
d) Intentional touching of the genitalia, anus, groin, breast, inner thighs or buttocks,
either directly or through the clothing, that is unrelated to official duties or where
the staff member, contractor, or volunteer has the intent to abuse, arouse, or
gratify sexual desire;
e) Threats, intimidation, harassment, indecent, profane or abusive language, or other
actions or communications, aimed at coercing or pressuring a detainee to engage
in a sexual act;
f) Repeated verbal statements or comments of a sexual nature to a detainee;
g) Any display of his or her uncovered genitalia, buttocks, or breast in the presence
of a detainee; or
h) Voyeurism, which is defined as the inappropriate visual surveillance of a detainee
for reasons unrelated to official duties. Where not conducted for reasons relating
to official duties, the following are examples of voyeurism: staring at a detainee
who is using a toilet in his or her cell to perform bodily functions; requiring a
detainee to expose his or her buttocks, genitals, or breasts; or taking images of all
or part of a detainee’s naked body or of a detainee performing bodily functions.
4. Responsibilities.
4.1. The ICE Director has responsibilities under Section 5.1 (Coordinator and Supporting
Officials).
4.2. Enforcement and Removal Operations (ERO) Headquarters (HQ) has responsibilities
under:
1) Section 5.1 (Coordinator and Supporting Officials);
2) Section 5.2 (Training); and
3) Section 5.6 (Accommodating Detainees with Limited English Proficiency and
Disabilities).
4.3. The ERO Executive Associate Director has responsibilities under Section 5.8
(Response: Intervention and Health Care Services Following an Allegation).
4.4. The ERO Custody Management Division (CMD) has responsibilities under Section
5.10 (Incident Review and Monitoring).
4.5. The ERO Field Operations Division has responsibilities under:
4
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
1) Section 5.8 (Response: Intervention and Health Care Services Following an
Allegation);
2) Section 5.9 (Investigation of Allegations); and
3) Section 5.10 (Incident Review and Monitoring).
4.6. ERO Field Office Directors (FODs) have responsibilities under:
1) Section 5.1 (Coordinator and Supporting Officials);
2) Section 5.5 (Facility Compliance);
3) Section 5.6 (Accommodating Detainees with Limited English Proficiency and
Disabilities);
4) Section 5.7 (Notification and Reporting Following an Allegation);
5) Section 5.8 (Response: Intervention and Health Care Services Following an
Allegation); and
6) Section 5.9 (Investigation of Allegations).
4.7. Homeland Security Investigations (HSI) HQ has responsibilities under:
1) Section 5.1 (Coordinator and Supporting Officials);
2) Section 5.2 (Training);
3) Section 5.6 (Accommodating Detainees with Limited English Proficiency and
Disabilities); and
3) Section 5.10 (Incident Review and Monitoring).
4.8. HSI Special Agents in Charge (SACs) have responsibilities under:
1) Section 5.1 (Coordinator and Supporting Officials);
2) Section 5.6 (Accommodating Detainees with Limited English Proficiency and
Disabilities);
3) Section 5.7 (Notification and Reporting Following an Allegation);
4) Section 5.8 (Response: Intervention and Health Care Services Following an
Allegation); and
5
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
5) Section 5.9. (Investigation of Allegations).
4.9. The HSI Office of Intelligence has responsibilities under Section 5.7 (Notification and
Reporting Following an Allegation).
4.10. The ICE Health Service Corps (IHSC) has responsibilities under:
1) Section 5.1 (Coordinator and Supporting Officials);
2) Section 5.2 (Training); and
3) Section 5.8 (Response: Intervention and Health Care Services Following an
Allegation).
4.11. The IHSC Clinical Director (CD) has responsibilities under Section 5.8 (Response:
Intervention and Health Care Services Following an Allegation).
4.12. The Office of Detention Policy and Planning (ODPP) has responsibilities under
Section 5.2 (Training).
4.13. The Office of Diversity and Civil Rights (ODCR) has responsibilities under:
1) Section 5.2 (Training); and
2) Section 5.6 (Accommodating Detainees with Disabilities or Limited English
Proficiency).
4.14. The Office of the Principal Legal Advisor (OPLA) has responsibilities under:
1) Section 5.2 (Training);
2) Section 5.6 (Accommodating Detainees with Limited English Proficiency and
Disabilities);
3) Section 5.7 (Notification and Reporting Following an Allegation); and
4) Section 5.9 (Investigation of Allegations).
4.15. The Office of Professional Responsibility (OPR) has responsibilities under:
1) Section 5.1 (Coordinator and Supporting Officials);
2) Section 5.2 (Training);
3) Section 5.6 (Accommodating Detainees with Limited English Proficiency and
Disabilities)
6
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
4) Section 5.9 (Investigation of Allegations); and
5) Section 5.10 (Incident Review and Monitoring).
4.16. The OPR Joint Intake Center (JIC) has responsibilities under Section 5.7 (Notification
and Reporting Following an Allegation).
4.17. The OPR Special Agents in Charge (OPR SACs) have responsibilities under:
1) Section 5.1 (Coordinator and Supporting Officials);
2) Section 5.6 (Accommodating Detainees with Limited English Proficiency and
Disabilities);
4.18. The Office of Training and Development (OTD) has responsibilities under Section 5.2
(Training).
4.19. The ICE Prevention of Sexual Assault (PSA) Coordinator has responsibilities under:
1) Section 5.1 (Coordinator and Supporting Officials);
2) Section 5.2 (Training);
3) Section 5.6. (Accommodating Detainees with Limited English Proficiency and
Disabilities);
4) Section 5.8 (Response: Intervention and Health Care Services Following an
Allegation);
5) Section 5.10 (Incident Review and Monitoring); and
6) Section 5.11 (Annual Review and Reporting).
4.20. Victim Assistance Coordinators and Victim Assistance Specialists have
responsibilities under Section 5.8 (Response: Intervention and Health Care Services
Following an Allegation).
4.21. The Detention Monitoring Council (DMC) has responsibilities under Section 5.10
(Incident Review and Monitoring).
4.22. All ICE Employees have responsibilities under:
1) Section 5.2 (Training) if they may have contact with individuals in ICE custody;
2) Section 5.3 (Obligation to Report Information and Prohibition of Retaliation); and
7
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
3) Section 5.4 (Protection of Individuals at Risk).
5. Procedures/Requirements.
5.1. Coordinator and Supporting Officials.
1) The ICE Director shall designate an upper-level, agency-wide ICE PSA Coordinator
with sufficient time and authority to develop, implement, and oversee agency efforts
to ensure compliance with this Directive, as well as other agency policies and
detention standards related to sexual abuse and assault prevention and intervention.
2) ERO, HSI, and OPR shall designate specially trained HQ staff with sufficient time
and authority to assist in ensuring compliance by their respective program offices
with this Directive, as well as other agency policies and detention standards related to
sexual abuse and assault prevention and intervention, and to provide information and
assistance to the PSA Coordinator.
3) IHSC shall designate specially trained supervisory or HQ staff with sufficient time
and authority to assist with addressing and responding to medical and mental health
issues that arise related to sexual abuse and assault.
4) Each ERO FOD shall designate at least one specially trained coordinator at the
supervisory level with sufficient time and authority to assist in ensuring compliance
with this Directive by Field Office staff and detention facilities in their Area of
Responsibility (AOR), and in communication with ERO HQ, OPR, and the PSA
Coordinator.
5) Each HSI SAC shall designate at least one specially trained coordinator at the
supervisory level with sufficient time and authority to assist in ensuring compliance
with this Directive by field office staff in his or her AOR, and in communication with
HSI HQ, OPR, and the PSA Coordinator.
6) Each OPR SAC shall assist in ensuring compliance with this Directive by staff within
his or her AOR, and in communication with OPR HQ, ERO, HSI and the PSA
Coordinator.
5.2. Training.
1) The PSA Coordinator, in consultation with ERO, HSI, OPR, OPLA, ODPP, OTD,
ODCR and the DHS Office for Civil Rights and Civil Liberties (CRCL), shall
develop training required by this Directive. All current employees required to take
the training, as listed below, shall be trained as soon as practicable, but no later than
May 1, 2015, and ICE shall provide each employee with biennial refresher training to
ensure that all employees know ICE ’s current sexual abuse and assault policies and
procedures. All newly hired employees who may have contact with individuals in
ICE custody shall also take the training within one year of their entrance on duty.
8
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
The agency shall document that all ICE personnel who may have contact with
individuals in ICE custody have completed the training.
2) General Training for ICE Personnel. All ICE personnel who may have contact
with individuals in ICE custody, including all ERO officers and HSI special agents,
shall receive training on, among other items:
a) ICE’s zero-tolerance policy for all forms of sexual abuse and assault;
b) The right of detainees and staff to be free from sexual abuse or assault;
c) Definitions and examples of prohibited and illegal behavior;
d) Dynamics of sexual abuse and assault in confinement;
e) Prohibitions on retaliation against individuals who report sexual abuse or assault;
f) Recognition of physical, behavioral, and emotional signs of sexual abuse or
assault, situations in which sexual abuse or assault may occur, and ways of
preventing and responding to such occurrences, including:
i) Common reactions of sexual abuse and assault victims;
ii) How to detect and respond to signs of threatened and actual sexual abuse or
assault;
iii) Prevention, recognition, and appropriate response to allegations or suspicions
of sexual abuse and assault involving detainees with mental or physical
disabilities; and
iv) How to communicate effectively and professionally with victims and
individuals reporting sexual abuse or assault;
g) How to avoid inappropriate relationships with detainees;
h) Accommodating limited English proficient individuals and individuals with
mental or physical disabilities;
i) Communicating effectively and professionally with lesbian, gay, bisexual,
transgender, intersex, or gender nonconforming individuals, and members of other
vulnerable populations;
j) Procedures for fulfilling notification and reporting requirements under this
Directive;
k) The investigation process; and
9
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
l) The requirement to limit reporting of sexual abuse or assault to personnel with a
need-to-know in order to make decisions concerning the victim’s welfare and for
law enforcement or investigative purposes.
3) Specialized Training for OPR Investigators. OPR shall provide specialized
training to OPR investigators who conduct investigations into allegations of sexual
abuse and assault, as well as Office of Detention Oversight staff, and other OPR staff,
as appropriate. The training should cover, at a minimum, interviewing sexual abuse
and assault victims, sexual abuse and assault evidence collection in confinement
settings, the criteria and evidence required for administrative action or prosecutorial
referral, and information about effective cross-agency coordination in the
investigation process.
4) Specialized Training for IHSC Medical and Mental Health Staff. IHSC shall
provide specialized training to all IHSC personnel and all full- and part-time medical
and mental health staff who work in facilities where IHSC provides medical and
mental health care. The training should cover how to detect and assess signs of
sexual abuse and assault, how to preserve physical evidence of sexual abuse and
assault, how to respond effectively and professionally to victims of sexual abuse and
assault, and how and to whom to report allegations or suspicions of sexual abuse and
assault.
5.3. Obligation to Report Information and Prohibition of Retaliation.
1) All ICE employees shall immediately report to a supervisor or a designated official
any knowledge, suspicion, or information regarding an incident of sexual abuse or
assault of an individual in ICE custody, retaliation against detainees or staff who
reported or participated in an investigation about such an incident, and any staff
neglect or violation of responsibilities that may have contributed to an incident or
retaliation.
2) The supervisor or designated official shall report the allegation to the FOD or SAC,
as appropriate.
3) Apart from such reporting, ICE employees shall not reveal any information related to
a sexual abuse or assault allegation to anyone other than to the extent necessary to
help protect the safety of the victim or prevent further victimization of other detainees
or staff, or to make medical treatment, investigation, law enforcement, or other
security and management decisions.
4) ICE employees shall not retaliate against any person, including a detainee, who
reports, complains about, or participates in an investigation into an allegation of
sexual abuse or assault, or for participating in sexual activity as a result of force,
coercion, threats, or fear of force. However, ICE prohibits deliberately making false
sexual abuse or assault allegations, as well as deliberately providing false information
10
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
during an investigation, and such misconduct will be addressed through appropriate
processes.
5.4. Protection of Individuals at Risk. If an ICE employee has a reasonable belief that a
detainee is subject to a substantial risk of imminent sexual abuse or assault, he or she
shall take immediate action to protect the detainee.
5.5. Facility Compliance. It is the responsibility of the FOD to ensure all detention facility
staff in his or her AOR are aware of their obligation to report allegations of sexual abuse
and assault to ICE and the appropriate law enforcement agency, as well as the other
requirements of this Directive and PBNDS 2011 Standard 2.11, such as the requirements
relating to response and intervention, health care services, and investigations, as well as
other relevant standards and contractual requirements. The FOD shall review the written
policy and procedures for the Sexual Abuse and Assault Prevention and Intervention
Program, required by Standard 2.11, for all the detention facilities in his or her AOR.
5.6. Accommodating Detainees with Disabilities or Limited English Proficiency. With
regard to their respective responsibilities under this Directive, ERO, HSI and OPR HQ,
as well as the FOD, SAC, and OPR SAC, in consultation and coordination with OPLA,
ODCR, and the PSA Coordinator shall:
1) Take appropriate steps, in accordance with applicable law, to ensure that detainees
with disabilities (including, for example, detainees who are deaf or hard of hearing,
those who are blind or have low vision, or those who have intellectual, psychiatric, or
speech disabilities) have an equal opportunity to participate in or benefit from all
aspects of agency and facility efforts to prevent, detect, and respond to sexual abuse
and assault. Such steps shall include, when necessary, to ensure effective
communication with detainees who are deaf or hard of hearing, providing access to
in-person, telephonic, or video interpretive services that enable effective, accurate,
and impartial interpretation, both receptively and expressively, using any necessary
specialized vocabulary. In addition, the FOD, SAC, or OPR SAC shall ensure that
any written materials related to sexual abuse are provided in formats or through
methods that ensure effective communication with detainees with disabilities,
including detainees who have intellectual disabilities, limited reading skills, or who
are blind or have low vision.
2) Take steps to ensure meaningful access to all aspects of agency and facility efforts to
prevent, detect, and respond to sexual abuse and assault to detainees who are limited
English proficient, including steps to provide in-person or telephonic interpretive
services that enable effective, accurate, and impartial interpretation, both receptively
and expressively, using any necessary specialized vocabulary.
3) In matters relating to allegations of sexual abuse or assault, ensure the provision of in-
person or telephonic interpretation services that enable effective, accurate, and
impartial interpretation, by someone other than another detainee, unless the detainee
expresses a preference for another detainee to provide interpretation and ICE
11
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
determines that such interpretation is appropriate and consistent with DHS policy.
The provision of interpreter services by minors, alleged abusers, detainees who
witnessed the alleged abuse or assault, and detainees who have a significant
relationship with the alleged abuser, is not appropriate in matters relating to
allegations of sexual abuse or assault.
5.7. Notification and Reporting Following an Allegation. Immediately following notice of
an alleged sexual abuse or assault:
1) When the incident occurs in ERO custody, the FOD shall:
a) Ensure that the appropriate law enforcement agency having jurisdiction for the
investigation has been notified by the facility administrator of the alleged sexual
abuse or assault. The FOD shall notify the appropriate law enforcement agency
directly if necessary;
b) Notify ERO’s Assistant Director for Field Operations telephonically within two
hours of the alleged sexual abuse or assault or as soon as practical thereafter,
according to procedures outlined in the June 8, 2006 Memorandum from John P.
Torres, Acting Director, Office of Detention and Removal Operations, regarding
“Protocol on Reporting and Tracking of Assaults” (Torres Memorandum);
c) Notify the ICE Joint Intake Center (JIC) telephonically within two hours of the
alleged sexual abuse or assault, and in writing within 24 hours via the ICE SEN
Notification Database, according to procedures outlined in the Torres
Memorandum. The JIC shall notify the DHS Office of Inspector General (OIG);
d) When a non-ICE employee, contractor, or volunteer is alleged to be the
perpetrator of the sexual abuse or assault, ensure that the facility administrator has
also contacted the corporation or locality that operates the facility;
e) If the alleged assault occurred at a different facility from the one where it was
reported, ensure that the administrator at the facility where the assault is alleged to
have occurred is notified as soon as possible, but no later than 72 hours after
receiving the allegation, and document such notification;
f) If the alleged victim is under the age of 18 or determined, after consultation with
the relevant OPLA Office of the Chief Counsel (OCC), to be a vulnerable adult
under a State or local vulnerable persons statute, report the allegation to the
designated State or local services agency as necessary under applicable mandatory
reporting laws; and
g) Document his or her efforts taken under this section.
2) When the incident occurs in HSI custody, the SAC shall:
12
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
a) Ensure that the appropriate law enforcement agency having jurisdiction over the
investigation has been notified of the alleged sexual abuse or assault. The SAC
shall notify the appropriate law enforcement agency directly if necessary;
b) If the alleged victim is under the age of 18 or determined, after consultation with
the OPLA OCC, to be a vulnerable adult under a State or local vulnerable persons
statute, report the allegation to the designated State or local services agency as
necessary under applicable mandatory reporting laws;
c) Notify the HSI Assistant Director for Domestic Operations;
d) Notify the JIC telephonically within two hours of the alleged sexual abuse or
assault, and in writing within 24 hours via the ICE SEN Notification Database,
according to procedures outlined in the Torres memo. The JIC shall notify the
DHS OIG; and
e) Document his or her efforts taken under this section.
3) For all alleged incidents, the HSI Office of Intelligence shall:
a) Ensure that the Joint Intelligence Operations Center (the JIOC) compiles on a
daily basis from the SEN Notification Database a report that includes all new
allegations of sexual abuse or assault; and
b) Ensure that the JIOC disseminates the daily report to the PSA Coordinator; the
ERO Assistant Director for Field Operations; the ERO Assistant Director for
CMD; the HSI Assistant Director for Domestic Operations; the Assistant Director
for OPR; the Assistant Director for IHSC; the OPLA Director of Enforcement and
Litigation; and DHS CRCL.
5.8. Response: Intervention and Health Care Services Following an Allegation.
1) When the incident occurs in ERO custody, the FOD shall:
a) Ensure that the detention facility complies with the response and intervention
mandates established by PBNDS 2011 Standard 2.11, as well as other relevant
detention standards and contractual requirements, including by:
i) Offering the alleged victim immediate protection from the alleged abuser;
ii) Using a coordinated, multidisciplinary team approach to respond to the
allegation;
iii) Avoiding punishment of the victim for reporting abuse or for participating in
sexual activity as a result of force or coercion;
13
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
iv) Placing the victim in a supportive environment that represents the least
restrictive housing option possible;
v) Not placing the victim in administrative segregation for longer than five days
except in highly unusual circumstances or at the request of the detainee;
vi) Attempting to make available to the victim a victim advocate from a rape
crisis center, or if unavailable, another community victim service provider;
and
vii) Complying with the health care mandates of PBNDS 2011 Standard 2.11;
b) Notify ICE, through ERO Field Operations, if the facility has been unable to
make available to the victim a victim advocate from a rape crisis center or
community victim service provider;
c) If a victim is transferred between detention facilities or holding facilities, or to
any non-ICE facility, ensure that, as permitted by law, the receiving facility is
informed of the incident and the victim’s potential need for medical or mental
health care or victim services (unless, in the case of transfer to a non-ICE facility,
the victim requests otherwise);
d) In addition to steps taken by the facility, ensure the safety and security of the
victim and adequate medical and mental health care for the victim, including
consideration of appropriate potential custodial options, such as placing the victim
in a supportive environment that represents the least restrictive housing option at
another facility (within the same jurisdiction if there is an ongoing investigation),
transferring the victim to a hospital, or other appropriate custodial options;
e) Take the necessary steps to determine whether the alleged abuser is housed in
such a manner so as not to jeopardize other detainees housed at the facility until
an investigation is completed;
f) Ensure that an ICE employee, facility employee, contractor, or volunteer
suspected of perpetrating sexual abuse or assault is removed from all duties
requiring detainee contact pending the outcome of an investigation;
g) Employ multiple protection measures, as appropriate, such as housing changes,
removal of alleged staff or detainee abusers from contact with victims, and
emotional support services for detainees or staff who fear retaliation for reporting
sexual abuse or assault or for cooperating with investigations;
h) For at least 90 days following a report of sexual abuse or assault, monitor to see if
there are facts that suggest possible retaliation by detainees or staff, and act
promptly to remedy any such retaliation. Items to be monitored include any
detainee disciplinary reports, housing or program changes, or negative
14
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
performance reviews of reassignments of staff. Monitoring shall continue beyond
90 days if initial monitoring indicates a continuing need; and
i) Through the ERO Assistant Director for Field Operations, provide requested
information to relevant ICE entities, including other ERO program offices, OPR,
and the PSA Coordinator.
2) When the incident occurs in ERO custody, the IHSC shall:
a) In detention facilities staffed by the IHSC, the IHSC Clinical Director or designee
shall ensure that the IHSC clinic complies with the health care services mandates
of PBNDS 2011 Standard 2.11, including by:
i) Providing emergency medical and mental health services and ongoing care, as
appropriate;
ii) When appropriate, initiating a referral to a hospital emergency department, or
to a designated specialized facility, for evaluation and forensic examination, to
include testing for sexually transmitted diseases and infections, and offering
prophylactic treatment, emergency contraception, follow-up examinations for
sexually transmitted diseases, and referrals for counseling and victim
advocacy and services; and
iii) Ensuring that a mental health professional evaluates the victim’s need for
crisis intervention counseling and long-term follow-up.
b) In detention facilities not staffed by the IHSC, the IHSC shall assist the FOD as
needed, including by:
i) Helping to ensure that facility medical personnel have complied with the
health care services requirements of PBNDS 2011 Standard 2.11;
ii) Communicating with the facility regarding the victim’s health care (including
mental health care) needs; and
iii) Reporting information to the FOD or to ERO HQ officials as requested.
3) When the incident occurs in ERO custody, the ERO Executive Associate Director,
in coordination with the PSA Coordinator, shall ensure, as appropriate, that a
qualified staff member from a community-based organization, or a qualified agency
staff member, provides emotional support, crisis intervention, information, and
referrals to the victim.
4) When the incident occurs in HSI custody, the SAC shall:
15
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
a) Ensure that timely, unimpeded access to emergency medical treatment and crisis
intervention services (including emergency contraception and sexually
transmitted infections prophylaxis) is provided, in accordance with professionally
accepted standards of care. Such treatment services shall be provided to the
victim without financial cost and regardless of whether the victim names the
abuser or cooperates with any investigation arising out of the incident;
b) Contact the local field office Victim Assistance Specialist (VAS) or Victim
Assistance Coordinator (VAC) upon notification of an alleged sexual abuse or
assault victimization. The VAS or VAC will provide local referrals for sexual
abuse or assault victim service providers and coordinate services as necessary for
medical care and examination, including sexual abuse and assault forensic exams,
to be conducted by a Sexual Assault Forensic Examiner (SAFE) or Sexual Assault
Nurse Examiner (SANE) where practicable, or by other qualified health care
personnel where SAFEs or SANEs are unavailable. As appropriate, the VAS or
VAC will also coordinate with victim advocates for any local, state, or federal law
enforcement agency involved in a subsequent investigation;
c) Ensure that an ICE employee, contractor, or volunteer suspected of perpetrating
sexual abuse or assault is removed from all duties requiring detainee contact
pending the outcome of an investigation;
d) Offer the alleged victim immediate protection from the alleged abuser by
separating the alleged victim from anyone involved in the allegation or incident
and removing the alleged abuser from contact with any other individual in HSI
custody; and
e) If a victim is transferred between detention facilities or holding facilities, or any
non-ICE facility, ensure that, as permitted by law, the receiving facility is
informed of the incident and the victim’s potential need for medical or mental
health care or victim services (unless, in the case of transfer to a non-ICE facility,
the victim requests otherwise).
5.9. Investigation of Allegations.
1) OPR shall:
a) Coordinate with the FOD or SAC and facility staff to ensure evidence is
appropriately secured and preserved pending an investigation by federal, state, or
local law enforcement, DHS OIG, and/or OPR;
b) Coordinate with DHS OIG to effect timely acceptance of the case by DHS OIG or
referral to OPR;
16
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
c) Upon referral by DHS OIG to OPR, assess the allegation to determine
investigative response and assignment, in accordance with ICE policies and
procedures;
d) Coordinate investigative efforts with federal, state, or local law enforcement or
facility incident review personnel, in accordance with OPR policies and
procedures;
e) Conduct either an OPR review or investigation, in accordance with OPR policies
and procedures. Administrative investigations impose no standard higher than a
preponderance of the evidence to substantiate an allegation of sexual abuse or
assault, and may not be terminated solely due to the departure of the alleged
abuser or victim from the employment or control of ICE;
f) Coordinate with appropriate ICE entities and federal, state, or local law
enforcement to facilitate necessary immigration processes that ensure availability
of victims, witnesses, and alleged abusers for investigative interviews and
administrative or criminal procedures, and provide federal, state, or local law
enforcement with information about U nonimmigrant visa certification;
g) Coordinate with the FOD or SAC and facility personnel to ensure that the
presence of the victim’s outside or internal victim advocate, as requested by the
victim, is allowed for support during investigatory interviews;
h) In criminal cases, OPR, in coordination with the FOD and/or SAC, as appropriate,
will ensure that any alleged victim of sexual abuse or assault who is an alien is
provided timely access to U nonimmigrant status information by:
i) Providing the phone number to an appropriate national hotline; and/or
ii) Providing relevant informational materials printed by U.S. Citizenship and
Immigration Services;
i) Compile and maintain in the Joint Integrity Case Management System all
documentation, to include reports by local law enforcement, the facility, OPLA,
HSI, and ERO, if any, and ensure its proper processing in accordance with OPR
procedures and this Directive;
j) Submit briefings and provide information to ICE senior management, including
the PSA Coordinator and the ICE Detention Monitoring Council (DMC), as
appropriate and in accordance with this Directive;
k) For detainees still in ICE immigration detention, or where otherwise feasible,
following an investigation into a detainee’s allegation of sexual abuse or assault,
notify the detainee as to the result of the investigation and any responsive action
taken, in coordination with the FOD; and
17
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
l) Upon receiving notification from a FOD or SAC of the removal or resignation in
lieu of removal of staff for violating agency or facility sexual abuse and assault
policies:
i) Report that information to appropriate law enforcement agencies, unless the
activity was clearly not criminal; and
ii) Make reasonable efforts to report that information to any relevant licensing
bodies, to the extent known.
2) When the incident occurs in ERO custody, the FOD shall:
a) Ensure that the facility complies with the investigation mandates established by
PBNDS 2011 Standard 2.11, as well as other relevant detention standards and
contractual requirements, including by:
i) When feasible, securing and preserving the crime scene and safeguarding
information and evidence consistent with established evidence protocols;
ii) Conducting a prompt, thorough, and objective investigation by qualified
investigators;
iii) Arranging for the victim to undergo a forensic medical examination, where
appropriate;
iv) Ensuring that the presence of the victim’s outside or internal victim advocate, as
requested by the victim, is allowed for support during forensic exams and
investigatory interviews;
v) Pursuing internal administrative investigations and disciplinary sanctions in
coordination with the assigned criminal investigative entity to ensure non-
interference with criminal investigations;
vi) Cooperating with outside investigators and endeavoring to remain informed
about the progress of outside investigations; and
vii) Ensuring that the facility’s Sexual Abuse and Assault Prevention and
Intervention Program Coordinator reviews the results of the investigation and
that the facility implements any resultant recommendations for improvements
to facility policies or practices;
b) Determine the result of all facility investigations of allegations of sexual abuse or
assault and any associated disciplinary proceedings instituted against detainee
abusers, and report that information to OPR through the ERO Assistant Director
for Field Operations;
18
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
c) Report to OPR any removals or resignations of staff in lieu of removal for
violating agency or facility sexual abuse and assault policies;
d) When outside agencies investigate sexual abuse or assault, cooperate with law
enforcement agencies, OPR, and other outside investigators and endeavor to
remain informed about the progress of the investigation, and ensure that detention
facilities do the same; and
e) Coordinate with the OPLA OCC and OPR as appropriate to facilitate the
availability of potential witnesses.
3) When the incident occurs in HSI custody, the SAC shall:
a) When feasible, secure and preserve the crime scene and safeguard information
and evidence, consistent with ICE uniform evidence protocols and local evidence
protocols in order to maximize the potential for obtaining usable physical
evidence for administrative proceedings and criminal prosecutions;
b) Continue with any ongoing investigation or enforcement action and not attempt to
conduct an investigation into the alleged sexual abuse or assault incident once it
has been reported as set forth in section 5.7(2) above;
c) When outside agencies investigate sexual abuse or assault, cooperate with law
enforcement agencies, OPR, and other outside investigators and endeavor to
remain informed about the progress of the investigation; and
d) Coordinate with the OPLA OCC and OPR as appropriate to facilitate the
availability of potential witnesses.
5.10. Incident Review and Monitoring.
1) ICE PSA Coordinator.
a) On an ongoing basis, the ICE PSA Coordinator shall work with other relevant
ICE program offices to help ensure an effective agency response to allegations of
sexual abuse and assault, and to share data regarding effective methods of
responding to sexual abuse and assault.
b) On a monthly basis, the ICE PSA Coordinator shall prepare a report to the DMC
compiling information received about all incidents or allegations of sexual abuse
or assault of individuals in ICE custody during that period, as well as ongoing
investigations and other pending cases.
c) On a quarterly basis, the ICE PSA Coordinator shall prepare a report to the DMC
and the ICE Director, compiling information received about all incidents or
19
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
allegations of sexual abuse or assault of individuals in ICE custody during that
period.
d) The PSA Coordinator shall receive assistance in compiling monthly, quarterly and
annual reports from:
i) OPR, which shall provide information gathered from its own investigations
and inspections, and ongoing review of other investigations;
ii) ERO Field Operations, which shall provide information regarding facilities’
responses to sexual abuse and assault allegations, and actions taken by Field
Offices;
iii) ERO CMD, which shall provide information derived from its oversight
activities, and received from facilities;
iv) HSI, which shall provide information regarding sexual abuse and assault
allegations and actions taken by HSI field offices;
v) IHSC, which shall provide information and expertise regarding health related
matters; and
vi) Other relevant program offices.
2) Detention Monitoring Council.
a) In response to significant incidents of sexual abuse or assault of individuals in
ICE custody, the DMC shall convene when necessary to ensure effective, timely,
and comprehensive agency-wide response and investigation, and to determine any
appropriate corrective actions that should be taken.
b) On at least a monthly basis, a subcommittee of the DMC shall convene to review
information received from the ICE PSA Coordinator, OPR, ERO Field
Operations, Field Offices, and other relevant ICE program offices regarding all
incidents or allegations of sexual abuse or assault of individuals in ICE custody,
as well as facility intervention and actions taken, the status of any administrative
or criminal investigations, and any other ongoing relevant issues (e.g., medical
issues and housing/custody issues). This DMC subcommittee shall ensure
effective, timely, and comprehensive agency-wide response and investigation, and
shall determine any appropriate corrective actions that should be taken.
c) On at least a quarterly basis, the DMC shall convene to discuss national trends in
information received about incidents of sexual abuse or assault and lessons
learned from these incidents, and to develop and recommend immediate and long-
term remedial plans to improve the agency’s effectiveness in addressing sexual
abuse and assault.
20
_____________________________________________________________________________________
Sexual Abuse and Assault Prevention and Intervention
5.11. Annual Review and Reporting.
1) On an annual basis, the ICE PSA Coordinator shall conduct a review of all data
received regarding incidents of sexual abuse or assault of individuals in ICE custody
during that period, including the number of reported sexual abuse and assault
allegations determined to be substantiated, unsubstantiated, or unfounded, or for
which investigation is ongoing, and for each incident found to be substantiated,
information concerning:
a) The date, time, location, and nature of the incident;
b) The demographic background of the victim and abuser (including citizenship, age,
gender, and whether either has self-identified as gay, lesbian, bisexual,
transgender, intersex, or gender nonconforming);
c) The reporting timeline for the incident (including the name of the individual who
reported the incident, and the date and time the report was received);
d) Any injuries sustained by the victim;
e) Post-report follow up responses and action taken by ICE or the facility (e.g.,
housing placement/custody classification, medical examination, and mental health
counseling); and
f) Any sanctions imposed on the abuser.
2) The ICE PSA Coordinator shall prepare a report to the ICE Director identifying
problem areas and recommending corrective actions for the agency as well as for
each ICE detention facility, and providing an assessment of the agency’s progress in
addressing sexual abuse and assault based on a comparison of the current year’s data
and corrective actions with those from prior years.
3) Following approval by the ICE Director, the annual report shall be made readily
available to the public including through the ICE website. The agency may redact
specific material from the reports when publication would present a threat to the
safety or security of a facility or violate privacy or other legally protected interests,
but must indicate the nature of the material redacted.
4) On an ongoing basis, the ICE PSA Coordinator shall review data collected and
aggregated pursuant to Sections 5.10 and 5.11 in order to assess and improve the
effectiveness of ICE’s sexual abuse and assault prevention, detection, and response
policies, practices, and training.
5.12. Data Storage and Publication.
21
1) Data collected pursuant to this Directive shall be securely retained in accordance with
agency record retention policies and the agency protocol regarding investigation of
allegations.
2) All aggregated sexual abuse and assault data shall be made available to the public at
least annually through the ICE website, consistent with existing agency information
disclosure policies and processes, and omitting any personal identifiers.
3) All sexual abuse and assault data collected pursuant to this Directive shall be
maintained for at least 10 years after the date of initial collection, unless Federal,
State, or local law requires otherwise.
6. Authorities/References.
6.1. 2011 Performance-Based National Detention Standard, "2.11 Sexual Abuse and Assault
Prevention and Intervention."
6.2. Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement
Facilities, 79 Fed. Reg. 13100 (Mar. 7, 2014).
6.3. ICE Policy 11045.1: Memorandum from John P. Torres, Acting Director, Office of
Detention and Removal Operations, to Field Office Directors, "Protocol on Reporting
and Tracking of Assaults" (June 8, 2006).
6.4. Memorandum from Alonzo Pefia, Deputy Director, to All ICE Employees, "Directing
Complaints Appropriately to the Joint Intake Center (JIC), the Office of Professional
Responsibility (OPR), the Office of the Inspector General (OIG), or Local Management"
(November 10, 2010).
6.5. ICE Directive 10071.1: "Victim Assistance Program" (August 25, 2011).
7. Attachments.
N/A.
8. No Private Right Statement. This document is an internal policy statement ofiCE. It
is not intended to, does not, and may not be relied upon to create any right or benefit,
substantive or procedural, enforceable at law by any party in any administrative, civil, or
criminal matter. Nor are any limitations hereby placed on otherwise lawful enforcement
prerogatives of ICE.
Thomas Winkowski
Principal Deputy Assistant Secretary
U.S. Immigration and Customs Enforcement
Sexual Abuse and Assault Prevention and Intervention
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 1 of 32
EFFECTIVE DATE: 02-01-12 REVISED: 06-27-16, 06-20-17
AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: Prison Rape Elimination Act of 2003 (42 USC 15601); 28 CFR 115; Penal
Code Sections 264.2, 286(e), 288a(e), 289.6, 293, 679.04 11160.1, 13516,
13823.5, and 13823.11; Fresno County Sheriff’s Office Policy and Procedure
Manual Section 102.
PURPOSE:
The purpose of this policy is to maintain a program of education, prevention, detection,
investigation, punishment for the perpetrator, treatment and support for the victim, and data
collection, in order to protect the inmate population from inmate-on-inmate sexual assault
and staff sexual abuse, sexual misconduct, and sexual harassment.
POLICY:
It is the policy of the Fresno County Sheriff’s Office to maintain a zero-tolerance for inmate-
on-inmate sexual assault and staff sexual abuse, sexual misconduct, and sexual
harassment toward inmates. This policy provides a response plan universal for all
instances of sexual abuse, sexual assault and sexual misconduct.
It is the policy of the Fresno County Sheriff’s Office to thoroughly investigate every
allegation of sexual abuse, and where warranted by evidence, proportional sanctions, up to
and including criminal prosecution, are implemented.
It is the policy of the Fresno County Sheriff’s Office that retaliatory measures against
employees or inmates 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 inmate from reporting the sexual abuse.
This policy applies to all inmates and persons employed by the Fresno County Sheriff's
Office, including volunteers and independent contractors.
Consensual sodomy and oral copulation among inmates is prohibited by law (Penal Code
Sections 286(e) and 288a(e), respectively). Without repealing those provisions, the
increased scrutiny provided by this policy shall apply only to nonconsensual sexual contact
among inmates and custodial sexual misconduct.
Exhibit B
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 2 of 32
PROCEDURES:
I. OVERVIEW
In 2012, the U.S. Department of Justice (DOJ) issued standards that jails
must meet to protect inmates from sexual violence and harassment. The
standards implement the Prison Rape Elimination Act (PREA) of 2003.
A. PREA requires jails to prevent sexual abuse from occurring, and requires
that staff report and intervene whenever they learn an inmate is being
victimized. Jails must screen each inmate’s risk level for sexual assault
and make efforts to house them safely. Jails also have to minimize
opportunities for sexual assault by having sufficient staffing, rounds, and
video monitoring.
B. When sexual assaults do occur, jails must provide inmates with
appropriate medical and mental health services, confidentially, and at no
cost, in a manner consistent with the level of care in the community.
Inmates must receive urgent trauma care, which includes treatment of
injuries, sexually transmitted infection testing, post-exposure prophylaxis
(i.e., action taken to prevent disease), and for those who need it,
emergency contraception and pregnancy testing. Prompt forensic exams
must also be provided to inmates who want them, in order to preserve
evidence for possible prosecution. Jails have to provide inmates with
access to outside victim advocates and rape crisis organizations.
C. There must be clear mechanisms to report sexual assault and those who
report must be protected from retaliation. Real investigations must
happen, with uniform protocols, and evidence preserved.
This policy has been written in compliance with the DOJ standards.
II. DEFINITIONS
SEXUAL ABUSE includes sexual abuse by another inmate and sexual abuse of
an inmate by a staff member, contractor, or volunteer.
A. SEXUAL ABUSE BY ANOTHER INMATE includes any of the following acts, if
the victim does not consent, is coerced into such act by overt or implied
threats of violence, or is unable to consent or refuse:
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 3 of 32
1. Contact between the penis and the vulva or the penis and the anus,
including penetration, however slight.
2. Contact between the mouth and the penis, vulva, or anus.
3. Penetration of the anal or genital opening of another person, however
slight, by a hand, finger, object, or other instrument.
4. Any other intentional touching, either 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.
B. SEXUAL ABUSE BY A STAFF MEMBER, CONTRACTOR, OR VOLUNTEER includes
any of the following acts, with or without consent of the inmate:
1. Contact between the penis and the vulva or the penis and the anus,
including penetration, however slight.
2. Contact between the mouth and the penis, vulva, or anus.
3. Contact between the mouth and any body part where the staff
member, contractor, or volunteer has the intent to abuse, arouse, or
gratify sexual desire.
4. Penetration of the anal or genital opening, however slight, by any part
of the body of one person, or of any object, substance, instrument or
device, that is unrelated to official duties or where the staff member,
contractor, or volunteer has the intent to abuse, arouse, or gratify
sexual desire.
5. Any other intentional contact, either directly or through the clothing, of
or with the genitalia, anus, groin, breast, inner thigh, or the buttocks,
that is unrelated to official duties or where the staff member,
contractor, or volunteer has the intent to abuse, arouse or gratify
sexual desire.
6. Any attempt, threat, or request by a staff member, contractor, or
volunteer to engage in the activities described in this section [B(1-5)].
7. Any display by a staff member, contractor, or volunteer of his or her
uncovered genitalia, buttocks, or breast in the presence of an inmate.
8. Voyeurism by a staff member, contractor, or volunteer.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 4 of 32
C. SEXUAL HARASSMENT includes: 1. Repeated and unwelcome sexual advances, requests for sexual
favors, or verbal comments, gestures, or actions of a derogatory or
offensive sexual nature by one inmate directed toward another; and
2. Repeated verbal comments or gestures of a sexual nature to an
inmate by a staff member, contractor, or volunteer, including
demeaning references to gender, sexually suggestive or derogatory
comments about body or clothing, or obscene language or gestures.
D. SEXUAL MISCONDUCT
1. As it relates to inmates, includes acts of indecent exposure, sexual
disorderly conduct and exhibitionist masturbation. Any inmate who
“willfully and lewdly” exposes their private parts or who touches
(without exposing) their genitals, buttocks, or breasts in a manner that
demonstrates it is for the purpose of sexual arousal, gratification,
annoyance, or offense will be subject to a rule violation and/or to
criminal prosecution.
2. As it relates to employees, any sexual behavior by a departmental
employee directed toward an inmate as defined in Penal Code
Section 289.6. The legal concept of “consent” does not exist between
employees and inmates; any sexual behavior between them
constitutes sexual misconduct and shall subject the employee to
disciplinary action and/or to prosecution under the law. Sexual
misconduct also includes, but is not limited to, conversations or
correspondence that suggests a romantic relationship.
E. EXONERATED – the incident under investigation occurred, but was lawful
and proper.
F. GENDER NONCONFORMING – a person whose appearance or manner does
not conform to traditional societal gender expectations.
G. INTERSEX - a person whose sexual or reproductive anatomy or
chromosomal pattern does not seem to fit typical definitions of male or
female.
H. NOT SUSTAINED ALLEGATION – also referred to as an unsubstantiated
allegation. An allegation that was investigated and produced insufficient
evidence to make a final determination as to whether or not the event
occurred.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 5 of 32
I. SEXUAL SOLICITATION – the solicitation of another person to engage in
sexual activity.
J. SUSTAINED ALLEGATION – also referred to as a substantiated allegation –
an allegation that was investigated and determined to have occurred.
K. TRANSGENDER – a person whose gender identity (i.e., internal sense of
feeling male or female) Is different from a person’s assigned sex at birth.
L. UNFOUNDED ALLEGATION – an allegation that was investigated and
determined not to have occurred.
M. VICTIM SUPPORT PERSON – means any person of the alleged victim’s
choosing, which could include another inmate, personal friend, chaplain,
or family member.
N. VOYEURISM by a staff member, contractor, or volunteer means an
invasion of privacy of an inmate by staff for reasons unrelated to official
duties, such as peering at an inmate who is using a toilet in his or her cell
to perform bodily functions; requiring an inmate to expose his or her
buttocks, genitals or breasts; or taking images of all or part of an inmate’s
naked body or of an inmate performing bodily functions.
III. PREVENTION PLANNING
A. All staff is to be trained to recognize the signs of sexual abuse and sexual
harassment and understand their responsibility in the detection,
prevention, response and reporting of an alleged sexual abuse or sexual
harassment.
B. The Sheriff’s Office has developed and makes its best effort to comply on
a regular basis with a staffing plan that provides for adequate levels of
staffing to protect inmates against sexual abuse. Deviations from the
staffing plan are documented via Telestaff and/or the Watch
Commander’s Summary, noting the reason for the staffing deviation (e.g.,
emergency, etc.).
C. Sergeants are responsible to conduct and document unannounced
rounds on all shifts to deter sexual abuse and sexual harassment. The
checks shall be documented via the Safety Check System. Staff is
prohibited from alerting other staff members that the supervisory rounds
are occurring.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 6 of 32
D. Inmates are able to shower, perform bodily functions, and change
clothing without staff of the opposite gender viewing their breasts,
buttocks, or genitalia, except in exigent circumstances or when such
viewing is incidental to routine cell checks.
1. In order to minimize cross gender exposure, staff of the opposite
biological sex shall announce their presence when entering the
housing unit. This announcement is required at the beginning of each
shift and/or when the status quo within the housing unit changes (e.g.,
an officer of the opposite sex relieves an assigned officer). An
advisement of this policy will be included in the Inmate Orientation
Handbook so as to allow the inmate to take into consideration that
staff of the opposite gender may be present when performing bodily
and bathing functions.
2. If a security concern exists, officers will NOT announce their
presence.
IV. RESPONSIBILITIES
A. The Services Lieutenant shall be assigned as the designated PREA
Coordinator. The PREA Coordinator is responsible to oversee efforts to
comply with the PREA standards in all facilities, and assess facility
compliance with PREA policies and applicable laws.
B. The designated Sergeant assigned as the PREA Compliance Manager
shall be responsible to:
1. Review all allegations, determine which allegations fall within the
definition of sexual abuse or sexual misconduct, and forward those
allegations for investigation, as appropriate. (Emergency incidents
requiring immediate action will be referred to the Persons Crimes Unit
via the Watch Commander and/or by the responding deputy.)
a. Ensure that the inmate is referred for medical/mental health
evaluation.
b. Coordinate and track referrals of allegations to the Persons
Crimes Unit, Internal Affairs Unit, and prosecutors.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 7 of 32
c. Ensure that any allegation of sexual abuse that occurred at
another facility is reported to the appropriate office of the agency
where the alleged abuse occurred.
d. For allegations determined not to fall within the definition of sexual
misconduct, the PREA Compliance Manager will ensure the
reporting party is notified and any necessary action is taken. The
notification shall be documented.
e. Investigate (or cause to be investigated) all allegations of sexual
harassment, including third-party and anonymous reports.
f. Conduct (or cause to be conducted) an administrative
investigation to determine whether staff actions or inactions
contributed to an act of abuse.
i. Substantiation shall be based on a preponderance of the
evidence.
ii. The departure of the alleged abuser or victim from the
employment or control of the Sheriff’s Office shall not provide a
basis for terminating an investigation.
g. Ensure that the inmate is informed as to whether the allegation
has been determined to be sustained, not sustained, or
unfounded, as well as any subsequent actions (e.g., indictments,
convictions). (Refer to Section XXI.)
2. Ensure that the conduct and treatment of inmates or staff who have
reported sexual abuse or cooperated with investigations are
monitored for signs of retaliation for at least ninety (90) days following
their report or cooperation.
3. Keep the PREA Coordinator and Command Staff informed on PREA-
related issues.
4. Conduct an annual vulnerability assessment for each facility. Staffing
and monitoring systems shall be assessed for adjustments and
documented on a PREA Vulnerability Assessment form. Copies of
the forms shall be forwarded to the PREA Coordinator and the Jail
Division Bureau Commanders.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 8 of 32
5. Track, monitor, and ensure that recommendations for improvement
made by Command Staff (subsequent to a sexual abuse incident
review) are implemented, or document the reason for not doing so.
6. Maintain, review, and collect data from all incident-based documents,
including reports, investigation files, and sexual abuse incident
reviews.
7. Ensure that required documents are prepared on an annual basis and
published on the Sheriff’s website, to include:
a. The aggregated incident-based sexual abuse data.
b. A report of findings and corrective actions for each facility, as well
as the agency as a whole.
c. A copy of this policy.
C. The Facility Sergeants shall ensure compliance with policy and PREA in
each of their respective assigned facilities. The Facility Sergeants shall
be responsible to:
1. Verify the presence of the required Sexual Assault/PREA posters in
all housing units and other appropriate common areas (i.e., medical
rooms, gymnasiums, and program classrooms) during the weekly
cleanliness inspections.
2. Assist in monitoring the conduct and treatment of inmates or staff who
have reported sexual abuse or cooperated with investigations for
signs of retaliation.
3. Assist in the implementation of any corrective action plan.
D. Staff shall accept reports made verbally, in writing, anonymously, and
from third parties and shall promptly document all reports.
1. Employees shall maintain a professional demeanor when interacting
with an alleged victim of sexual abuse, and display sensitivity to the
potential emotional impact of the situation.
2. Incident-specific information shall be treated as confidential, and
disclosure made only to staff who have a “need to know” and to
persons and entities as permitted or required by law.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 9 of 32
3. Staff shall not discriminate in their response to inmates who are gay,
bisexual, transgender, intersex, or gender nonconforming who report
that they have experienced sexual abuse.
V. EMPLOYEE TRAINING
A. All employees who may have contact with inmates shall be trained on the
Sheriff’s Office zero-tolerance policy for sexual abuse and sexual
harassment. The training shall include instruction related to the
prevention, detection, reporting, and response to inmate sexual abuse.
1. This training will be conducted during new employee orientation, and
included in the curriculum of the Correctional Training Academy.
2. All employees shall receive refresher training every two (2) years.
3. In years in which an employee does not receive refresher training, the
Sheriff’s Office shall provide refresher information on current sexual
abuse and sexual harassment policies.
B. In addition to general training provided to all employees, the Sheriff’s
Office shall ensure that specialized training is provided to Health Services
personnel, sex crime investigators, and other staff identified by the
department.
C. All volunteers and contractors who have contact with inmates shall be
notified of the zero-tolerance policy regarding sexual abuse and sexual
harassment, and trained on their responsibilities regarding sexual abuse
prevention, detection, and response. The level and type of training
provided shall be based on the services they provide and level of contact
they have with inmates.
VI. INMATE EDUCATION
A. All inmates will be provided with a copy of the Inmate Orientation
Handbook during the intake process.
1. The handbook informs the inmates of the zero-tolerance policy
regarding sexual abuse and sexual harassment and how to report
incidents or suspicions of sexual abuse or sexual harassment.
2. Appropriate provisions shall be made to ensure effective education for
inmates who are not fluent in English, are deaf, visually impaired, or
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 10 of 32
otherwise disabled, as well as to inmates who have limited reading
skills. The Booking Officer should notify the ADA Coordinator or the
Booking Sergeant if alternative arrangements need to be made.
C. An educational video will be provided to the inmates on a weekly basis in
both English and Spanish.
D. Key information is continuously and readily available and visible to
inmates. In addition to the Inmate Orientation Handbook and the weekly
video showings, posters are displayed in appropriate locations throughout
the facilities, to include all housing units and common areas (i.e., medical
rooms, gymnasiums, program classrooms and court holding). The
posters are designed to inform inmates:
1. That all inmates have a right to be safe and free from sexual
harassment and sexual assaults.
2. The telephone numbers and current methods available for reporting
sexual abuse, retaliation, or sexual harassment.
VII. SCREENING FOR APPROPRIATE PLACEMENT
A. All inmates shall be assessed during the initial classification process for
their risk of being sexually abused by other inmates or sexually abusive
toward other inmates.
B. The intake screening shall consider, but is not limited to, the following
criteria to assess inmates for risk of sexual victimization:
1. Age
2. Physical stature
3. Mental, physical, or developmental disability
4. First time offender status
5. Sex offender status (per criminal history and previous incarcerations)
6. Past history of victimization
7. Inmate’s own perception of vulnerability
8. Perception of inmate to be lesbian, gay, bisexual, transgender,
intersex, or gender nonconforming
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 11 of 32
C. An inmate may be identified for vulnerability if one or more of these
factors apply with sufficient documentation by the Population
Management Officer to warrant concern. The information shall be used
to determine housing and program assignments with the goal of keeping
separate those inmates at high risk of being sexually victimized from
those at high risk of being sexually abusive.
D. Inmates at high risk for sexual victimization shall not be placed in
involuntary segregated housing unless an assessment of all available
alternatives determines that there is no available alternative means of
separation from likely abusers. If unable to conduct such an assessment
immediately, the inmate may be placed in involuntary segregated housing
for less than twenty-four (24) hours while completing the assessment.
1. Inmates placed in segregated housing for this purpose shall have
access to programs, privileges, education, and work opportunities to
the extent possible. If restricted from access to programs, privileges,
education, or work opportunities, the following shall be documented
by the Offender Programs Manager:
a. The opportunities that have been limited.
b. The duration of the limitation.
c. The reasons for such limitation.
2. The inmate may be assigned to involuntary segregated housing only
until an alternative means of separation from likely abusers can be
arranged. Such an assignment shall not ordinarily exceed a period of
thirty (30) days, and documentation shall include:
a. The basis for the concern for the inmate’s safety.
b. The reason why no alternative means of separation can be
arranged.
3. Every thirty (30) days, Population Management shall afford each
involuntarily segregated inmate a review to determine whether there is
a continuing need for separation from the general population.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 12 of 32
E. Inmates are evaluated to specifically determine if there are indications
that he/she is a sexually abusive inmate, prone to victimize other inmates,
especially in regard to sexual behavior. Indications include the following:
1. History of sexually abusive crimes and prior convictions for violent
offenses (per previous arrests and criminal history).
2. History of prior institutional violence or sexually abusive behavior (per
previous incarcerations).
F. In deciding inmate housing and programming assignments for
transgender or intersex inmates, the Population Management Unit shall
consider on a case-by-case basis whether a placement would ensure the
inmate’s health and safety, and whether the placement would present
management or security problems.
G. Inmates may not be disciplined for refusing to answer, or for not
disclosing complete information in response to questions asked
concerning victimization and vulnerability.
VIII. PRIOR SEXUAL ABUSE DISCLOSED DURING INTAKE SCREENING
A. If an inmate discloses prior sexual victimization, whether it occurred in an
institutional setting or in the community, the Population Management
Officer shall ensure that the inmate is offered a follow-up meeting with a
medical or mental health practitioner. This is true regardless of whether
the victimization has been previously reported upon a prior admission.
B. The Population Management Officer shall be responsible to document
the information in an incident report and to:
1. Document the inmate’s acceptance or rejection to the offer of the
follow-up meeting on the Inmate Classification Questionnaire form.
2. Notify Health Services if the inmate wishes to have a follow-up
meeting. Document how and/or to whom the notification was made
on the Inmate Classification Questionnaire form.
3. Forward a copy of the pertinent section of the form that indicates prior
sexual victimization to the PREA Compliance Manager (regardless of
whether or not the inmate wishes to have a follow-up meeting). The
form may be scanned and emailed, or sealed in an envelope and
forwarded.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 13 of 32
4. A corresponding email shall be sent to the PREA Compliance
Manager and a “courtesy copy” (CC) to the supervising Population
Management Sergeant. “PREA” shall be referenced on the Subject
line and the email should contain any additional information, as was
disclosed. In cases involving other facilities, additional notifications
must be made. (See VIII(D), as follows.)
C. If the prior sexual victimization occurred in a Fresno County Sheriff’s
Office facility, the PREA Compliance Manager will be responsible to
determine if enough information is available to involve the Persons Crime
Unit in a criminal investigation.
D. If the prior sexual victimization occurred while confined at another
facility, the other agency must be notified as soon as possible, but no
later than seventy-two (72) hours after receiving the allegation. To
ensure timely compliance, copies of the Inmate Classification
Questionnaire and corresponding email shall also be forwarded to the
Services Lieutenant and on-duty Watch Commander, in addition to the
PREA Compliance Manager. The email should be flagged as “High
Importance.”
1. The PREA Compliance Manager will be responsible to make the
notification.
2. If the PREA Compliance Manager is not available to make the
notification, the PREA Coordinator shall do so. If neither are
available, the Watch Commander shall ensure that the notification is
made. The date, time, telephone number and name of the person
notified shall be memorialized in an email and forwarded to the PREA
Compliance Manager. (Refer also to XII(D).)
E. If the prior sexual victimization occurred while in the community (i.e.,
NOT in an institutional setting) and the offense is contemporaneous
and/or the inmate requests to press charges, the supervising Population
Management Sergeant shall notify the appropriate law enforcement
agency.
F. For those inmates who so desire, the follow-up meeting with a medical or
mental health practitioner shall be provided within fourteen (14) days of
the intake screening.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 14 of 32
IX. REASSESSMENT
A. Within a set time period, not to exceed thirty (30) days, Population
Management shall reassess each inmate’s risk of victimization or
abusiveness based upon any additional, relevant information received
since the intake screening.
B. An inmate’s risk level shall be reassessed when warranted due to a
referral, request, or incident of sexual abuse, or receipt of additional
information that bears on the inmate’s risk of sexual victimization or
abusiveness. The Population Management Unit shall be immediately
notified in the following circumstances:
1. If an employee has significant concern that an inmate may be subject
to sexual victimization.
2. If an inmate displays predatory behavior.
C. Transgender and intersex inmates shall be reassessed at least twice
each year to review any threats to safety experienced by the inmate.
X. DETECTION OF SEXUAL ASSAULT
A. All employees have a responsibility to protect the inmates in their
custody. Staff shall immediately report any knowledge, suspicion, or
information regarding sexual abuse, sexual misconduct, sexual
solicitation, sexual harassment, retaliation by inmate or staff for reporting,
or staff neglect or violation of responsibility that may have contributed to
such incidents occurring while incarcerated. Staff shall, except as noted
elsewhere in this policy, promptly report the information to their
immediate supervisor and document the report. The supervisor shall
notify the Watch Commander, who will notify the designated PREA
Compliance Manager. In addition to this reporting, employees have a
responsibility to assist the inmate and refer him/her to Health Services for
evaluation. (Unless the need is immediate, this will most commonly be
accomplished by the PREA Compliance Manager.)
B. An inmate may report sexual abuse that occurs under the jurisdiction of
the Sheriff’s Office to any employee, volunteer, or contractor. If the
person who receives the report is a non-custody employee, he/she shall
promptly notify their supervisor and report the information to the Watch
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 15 of 32
Commander. If immediate action is required, any correctional staff
member may be notified.
C. Employees are reminded that victims of sexual abuse may be seriously
traumatized both physically and/or mentally. Employees are expected to
be sensitive to the inmate during their interactions with him/her.
XI. SEXUAL ACTIVITY BETWEEN INMATES AND EMPLOYEES
A. There is no consensual sex in a custodial/supervisory relationship. Any
sexual activity between employees and inmates is inconsistent with the
professional ethical principles and policies of the Sheriff’s Office. All such
allegations will be investigated.
B. Acts of sexual abuse, sexual misconduct, sexual solicitation, or sexual
harassment against inmates, retaliation against inmates who refuse to
submit to sexual activity, or intimidation of a witness, may be a crime.
Retaliation against individuals because of their involvement in the
reporting or investigation of sexual abuse, sexual misconduct or sexual
harassment is prohibited.
C. All cases involving sexual abuse, sexual misconduct, sexual solicitation,
or sexual harassment will be referred to the appropriate investigating unit,
and if appropriate, such cases will be referred to the District Attorney for
prosecution. The involved Lieutenant shall be responsible to notify the
PREA Compliance Manager upon completion of the investigation (if not
previously aware), for tracking purposes.
D. All incidents of sexual abuse, sexual misconduct, sexual solicitation,
sexual harassment, and retaliatory acts against individuals for reporting
incidents will result in corrective and/or disciplinary action, up to and
including termination. Termination shall be the presumptive disciplinary
sanction for staff who have engaged in sexual abuse.
1. All terminations for violations of sexual abuse or sexual harassment
policies, or resignations by staff who would have been terminated if
not for their resignation, shall be reported to law enforcement
agencies (unless the activity was clearly not criminal) and to any
relevant licensing bodies.
2. Failure of employees to report incidents will result in corrective and/or
disciplinary action.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 16 of 32
XII. REPORTING
A. Inmates may privately report sexual abuse, sexual misconduct, sexual
solicitation, and sexual harassment; retaliation by other inmates or staff
for reporting sexual abuse and sexual harassment; and staff neglect or
violation of responsibilities that may have contributed to an incident of
sexual abuse to any employee, volunteer or contractor. Inmates are
encouraged to report when either they are the victim, or they have
knowledge or suspicion of an act having occurred or occurring in a
correctional institution, or any staff neglect or violation of responsibilities
that may have contributed to such an incident.
1. Such allegations shall be treated with discretion and, to the extent
permitted by law, confidentially. Staff shall, except as noted
elsewhere in this policy, promptly report the information to their
immediate supervisor and document the report. The supervisor shall
notify the Watch Commander and the PREA Compliance Manager.
2. Apart from reporting to their immediate supervisor, or discussing with
the PREA Coordinator or PREA Compliance Manager, employees
shall not reveal any information related to a sexual abuse report to
anyone other than to the extent necessary, as specified in this policy,
to make treatment, investigation, and other security and management
decisions.
3. Due to the sensitivity involved when an allegation involves another
employee, the receiving employee should report the violation directly
to their Watch Commander. Employees not comfortable with
reporting violations of this policy to their Watch Commander may
bypass the chain of command and report the allegation to any
supervisor. The chain of command does NOT need to be followed
and an incident report will not be written via OffenderTrak. The
employee shall document the incident as instructed by the Watch
Commander.
B. Additionally, inmates may report abuse, retaliation, or harassment by
writing to the Sheriff’s Office Internal Affairs Unit, or by contacting the
local Rape Crisis Center at (559) 222-7273. The inmate may remain
anonymous upon request. Even though an anonymous report may not
allow for a full investigation into the incident, providing information about
an incident without the identity of the victim will still alert staff to potential
concerns and may help reveal unsafe areas within the facility.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 17 of 32
C. Employees shall accept reports made verbally, in writing, anonymously,
and from third parties and shall promptly document all reports.
1. If the PREA Compliance Manager is available, the reporting person
should be referred or transferred to speak directly to the PREA
Compliance Manager.
2. If the PREA Compliance Manager is not available, the employee
contacted shall document the information in an email and forward to
the PREA Compliance Manager (or notify the Watch Commander, if
immediate response is indicated).
D. Upon receiving an allegation that an inmate was sexually abused while
confined at another facility, the PREA Compliance Manager shall email
and notify the head of the agency (or appropriate office of the agency)
where the alleged abuse occurred.
1. Such notification shall be provided as soon as possible, but no later
than seventy-two (72) hours after receiving the allegation.
2. The PREA Compliance Manager shall ensure that documentation is
made indicating that such notification was provided.
3. Any facility receiving such notification shall ensure that the allegation
is investigated.
E. Inmate interpreters, inmate readers, or other types of inmate assistants
should not be used except in limited circumstances where an extended
delay in obtaining an effective interpreter could compromise the inmate’s
safety, the performance of first-response duties, or the investigation of
the inmate’s allegations.
XIII. CREDIBILITY
A. The credibility of an alleged victim, suspect, or witness shall be assessed
on an individual basis and shall not be determined by the person’s status
as inmate or staff. The Sheriff’s Office will not require an inmate who
alleges sexual abuse to submit to a polygraph examination or other truth-
telling device as a condition for proceeding with the investigation of such
an allegation.
B. If it is determined that an inmate’s allegations are false, the inmate may
be subject to disciplinary action. A charge of “making a false report of a
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 18 of 32
crime” is appropriate if evidence discovered during the investigation
would support that charge.
XIV. INITIAL (IMMEDIATE) RESPONSE
A. Upon learning of an allegation that an inmate was sexually abused, the
employee shall immediately notify the Facility Sergeant and:
1. Separate the alleged victim and abuser.
2. Preserve and protect any crime scene until appropriate steps can be
taken to collect any evidence.
3. Immediately notify the on-duty Charge Nurse. Inmate victims of
sexual abuse shall receive timely, unimpeded access to emergency
medical treatment and crisis intervention services.
B. If the abuse occurred within a time period that still allows for the collection
of physical evidence (and where appropriate, given the incident alleged),
the employee shall request that the victim not take any actions that could
destroy physical evidence, including:
1. Showering or washing
2. Brushing teeth
3. Changing or removing clothes
4. Using the restroom facilities
5. Drinking or eating
C. Obtain only the necessary information (e.g., victim’s identity, location and
time of the incident, name and/or description of alleged offender(s) and
any possible witnesses) but do not interview the victim further. Do not
ask detailed questions or pressure the victim for responses or information
about the incident.
D. Do not attempt to interrogate the alleged suspect, unless circumstances
make it unavoidable. If the abuse occurred within a time period that still
allows for the collection of physical evidence, ensure that the alleged
abuser does not take any actions that could destroy physical evidence,
including, as appropriate, washing, brushing teeth, changing clothes,
urinating, defecating, drinking, or eating.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 19 of 32
E. If the person notified is a volunteer or contractor, the volunteer or
contractor shall be required to request the victim not take any actions that
could destroy physical evidence, and then notify correctional staff.
F. The provision of safe housing options, medical care, and the like shall not
be contingent upon the victim’s willingness to press charges.
XV. DOCUMENTATION
A. A report shall be written that documents the incident, using only
necessary, basic information. Reference should be made to the criminal
report, which should contain the incident-specific information. Apart from
reporting to designated supervisors, the PREA Compliance Manager, the
PREA Coordinator, or investigators, incident-specific information shall be
treated as confidential, and disclosure made only to staff who have a
“need to know” in order to make treatment, investigation, and other
security and management decisions.
B. The Facility Sergeant shall ensure that the victim of a sex offense
(pursuant to GC 6254(f)(2)) is informed that his/her name will become a
matter of public record unless he/she requests that it not become a
matter of public record, pursuant to PC 293(a).
1. The advisement and the victim’s response shall be memorialized in
the incident report.
2. If the victim has requested confidentiality, ***CONFIDENTIAL*** shall
be typed on the first line in the body of the report. The inmate’s name
will still be used, but cannot be released except to specified persons
as authorized by law. Any written report concerning the offense must
indicate that the victim requested confidentiality of his/her name
pursuant to PC 293(a).
C. The Watch Commander shall ensure that a copy of the report is
forwarded to the PREA Compliance Manager.
XVI. COORDINATED RESPONSE
A. The discovering employee shall (except as noted elsewhere in this policy)
promptly report the information to their immediate supervisor and
document the report. The supervisor shall be responsible to notify the
Watch Commander.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 20 of 32
B. The Watch Commander shall ensure that:
1. A deputy is dispatched to the Jail.
2. The PREA Coordinator is notified in all cases, and copies of
associated reports are forwarded.
3. The Bureau Commander is notified. If the victim alleges he/she was
involved with or assaulted by staff, the Bureau Commander shall
notify the Internal Affairs Lieutenant.
C. The responding deputy (or the PREA Compliance Manager or PREA
Coordinator) shall refer all in-custody sexual assaults to the Persons
Crimes Unit for investigation.
D. The investigators shall be responsible to:
1. Gather and preserve evidence, including any available physical and
biological evidence and any available electronic monitoring data.
2. Interview alleged victims, suspects, and witnesses.
3. Review prior complaints and reports of sexual abuse involving the
suspect.
4. Assess the credibility of the alleged victim, suspect, or witness on an
individual basis and not by the person’s status as inmate or staff.
5. Document in written reports a description of physical, testimonial,
documentary and other evidence.
6. Refer substantiated allegations of conduct that appears to be criminal
to the District Attorney for possible prosecution.
E. Health Services staff shall assess the inmate’s acute medical needs. 1. If any life-threatening injuries exist, response may include the need to
request emergency transportation (i.e., ambulance). When the call is
made to request an ambulance, the dispatcher should be informed
that the injured inmate is the victim of sexual assault.
2. Health Services staff shall be cognizant to maintain intact any physical
evidence which may be found on the victim’s person or clothing.
F. The inmate will be transported to the hospital and offered a forensic
examination.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 21 of 32
G. The inmate shall be assigned a custody escort who will remain with the
victim for the entire process, whenever possible.
1. Gender preference should be considered when assigning a custody
escort to the victim. The custody escort will ensure effective
communication (i.e., complexity of the issues, language barriers, and
literacy).
2. The escort shall not be present in the examination room during the
sexual assault examination, unless requested by the victim or hospital
staff, or ordered by the Watch Commander.
H. At the time the victim is sent to the hospital, the Watch Commander or
designee shall contact the Rape Crisis Center to request a Victim Sexual
Assault Advocate be dispatched to the hospital. The Victim Advocate will
provide emotional support, crisis intervention, information, and referrals.
Depending on the crime, the inmate may also have a right to a Victim
Support person (refer to Section XVII).
I. The examination will be performed by a Sexual Assault Forensic Examiner
(SAFE) or Sexual Assault Nurse Examiner (SANE).
1. If SAFE’s or SANE’s cannot be made available, the examination can
be performed by other qualified medical practitioners. In such
circumstances, the effort to provide a SAFE or SANE shall be
documented.
2. Treatment services shall be provided to the victim without financial
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident.
3. The hospital will provide emergency contraception when medically
appropriate.
J. Upon return to the Jail, all victims of a sexual assault shall be referred to
Health Services for an urgent suicide risk assessment. Health Services
staff shall evaluate the victim within one (1) hour of referral. Until that
time, the inmate shall be placed under constant and direct supervision to
ensure he/she does not attempt to hurt him/herself or someone else.
1. Health Services staff shall be responsible to monitor victims for
suicidal impulses, post-traumatic stress disorder, depression, and
other mental health consequences.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 22 of 32
2. The victim shall be offered crisis intervention counseling, appropriate
to the individual needs of the victim.
3. The victim’s information will be referred to the suicide prevention
multi-disciplinary meeting to ensure follow-up care/housing
considerations were made.
K. Follow-up testing for pregnancy, sexually transmitted infections/diseases
and HIV will be offered as clinically indicated and will be the responsibility
of the hospital. If pregnancy results, victims shall receive timely and
comprehensive information about, and timely access to, all lawful
pregnancy-related medical services.
L. Evaluation and treatment of victims shall include, as appropriate, follow-up
services, treatment plans, and, when necessary, referrals for continued
care following their transfer to, or placement in, other facilities, or their
release from custody.
XVII. VICTIM ADVOCATE AND SUPPORT PERSON
A. Victims of the crimes listed below have the right to a Victim Advocate and
Victim Support person for both the medical examination and the
investigatory interview:
1. PC 261 (rape)
2. PC 286 (sodomy)
3. PC 288a (oral copulation)
4. PC 289 (forcible acts of sexual penetration)
B. In incidents where an inmate has alleged sexual assault, the Watch
Commander/designee or detective shall immediately notify the local Rape
Crisis Center whenever a victim of a sexual assault is transported to a
hospital for any forensic examination.
C. The victim has a right to have a Victim Advocate present and a Victim
Support person of the victim’s choosing at the examination. In most
cases, the Victim Advocate will be from the Rape Crisis Center.
D. The Victim Support person may be excluded from the examination if the
Watch Commander/designee, detective, or medical provider determines
that the presence of the Victim Support person would be detrimental to
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 23 of 32
the purpose of the examination or poses a threat to the safety and
security of the facility or the hospital. If a Victim Support person is
excluded, the Watch Commander/designee, or detective shall document
the reason (e.g., if time for the support person to attend would result in a
significant delay and/or the person requested would present a risk to the
safety/security of the facility/hospital).
E. Victims of the crimes listed in Section XVII(A) have the right to have a
Victim Advocate and Victim Support person of their choosing present at
any interview by law enforcement, the district attorney, or defense
attorneys. The victim must be notified verbally or in writing of this right by
the attending investigator or the district attorney prior to the interview.
1. If the investigator or district attorney determines that the presence of
the Victim Support person would be detrimental to the interview, the
Victim Support person may be excluded from the interview.
2. Reasons for exclusion of the Victim Support person are the same as
identified in the medical examination process (refer to XVII(D)).
3. An initial investigation by law enforcement to determine whether a
crime has been committed and the identity of the suspects shall not
constitute a law enforcement interview for purpose of this section.
XVIII. SUSPECT PROCESSING
A. Staff shall ensure that there is no physical, verbal, or visual contact
between the victim and suspect, whenever possible. Correctional staff
shall not interrogate the alleged suspect unless circumstances make it
unavoidable.
1. The investigating detectives will provide a Miranda warning and
interview the suspect to obtain his/her account of the incident.
2. The suspect will be transported to the designated medical location for
the forensic examination.
3. The suspect must consent to the forensic examination or the
deputy/detective will take steps necessary to obtain a search warrant. 4. Upon completion of the forensic medical examination, the suspect will
be transferred to an administrative segregation unit. The alleged
aggressor shall be held in segregation pending investigation until the
investigation is complete.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 24 of 32
B. The Persons Crimes Unit will be responsible for all phases of the criminal
investigation if the allegations are against an employee.
1. Immediate efforts shall be made to eliminate contact between the
victim and the staff member.
2. The Watch Commander shall determine if the employee should be
placed on administrative leave consistent with departmental policy
during the course of the investigation.
C. Substantiated allegations of conduct that appear to be criminal shall be
referred for prosecution.
D. The departure of the alleged abuser or victim from the employment or
control of the Sheriff’s Office shall not provide a basis for terminating an
investigation.
XIX. DELAYED REPORTING OF SEXUAL ABUSE – MORE THAN 72 HOURS
A. If the alleged sexual assault is reported or discovered more than 72 hours
after the incident, the employee shall notify their supervisor, who shall
notify the Watch Commander. The Watch Commander shall notify the
PREA Compliance Manager.
B. The alleged crime scene shall be secured (if feasible) and the alleged
suspect (if identified) shall be placed into administrative segregation.
C. A medical opinion shall be obtained to determine whether the victim is to
be taken for a forensic examination. In addition, the victim should be
asked if he/she retained any evidence of the assault (e.g., soiled bedding,
clothing, etc.).
D. Hospital medical staff will be responsible to conduct an examination of
the victim and alleged suspect to determine the presence or absence of
physical trauma, and perform follow-up testing for sexually transmitted
diseases and pregnancy testing, as appropriate.
E. The victim shall be referred to Health Services for evaluation and
counseling.
XX. RETALIATION
A. Retaliation against any employee or inmate for reporting or cooperating
with a sexual abuse investigation is strictly prohibited.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 25 of 32
B. Retaliation is a form of employee misconduct. Any evidence of retaliation
shall be considered a separate violation of this policy.
C. The PREA Coordinator, with assistance from the PREA Compliance
Manager, shall ensure that the conduct and treatment of inmates or staff
who have reported sexual abuse or cooperated with investigations are
monitored for signs of retaliation for at least ninety (90) days following
their report or cooperation. Items that should be monitored include any
inmate disciplinary reports, housing or program changes, or negative
performance reviews or reassignments of staff.
1. All actions taken to remedy any such retaliation shall be documented
and forwarded to the affected Watch Commander. If necessary, the
Watch Commander shall act promptly to remedy any such retaliation.
2. Monitoring shall continue beyond ninety (90) days if the initial
monitoring indicates a continuing need.
3. The obligation to monitor shall terminate if the allegation is
determined to be unfounded.
D. If any other individual who cooperates with an investigation expresses a
fear of retaliation, appropriate measures shall be taken to protect that
individual against retaliation.
1. The individual should report their concern to a Watch Commander (or
higher authority).
2. The Watch Commander (or higher authority) shall act promptly to
protect the individual from any such retaliation.
XXI. REPORTING TO INMATES
A. Following an investigation into an inmate’s allegation that they suffered
sexual abuse in a Sheriff’s Office facility, the inmate shall be informed in
writing as to whether the allegation has been determined to be
sustained/substantiated, not sustained/unsubstantiated, or unfounded.
B. Following an inmate’s allegation that a staff member has committed
sexual abuse against the inmate, the inmate shall be informed in writing
(unless the allegation is determined to be unfounded) whenever any of
the following occur:
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 26 of 32
1. The staff member is no longer posted within the inmate’s housing unit.
2. The staff member is no longer employed by the Sheriff’s Office.
3. The staff member has been indicted on a charge related to sexual
abuse within the facility.
4. The staff member has been convicted on a charge related to sexual
abuse within the facility.
C. Following an inmate’s allegation that they have been sexually abused by
another inmate, the inmate/victim shall be informed in writing whenever:
1. The alleged abuser has been indicted on a charge related to the
sexual abuse within the facility.
2. The abuser has been convicted on a charged related to sexual abuse
within the facility.
D. All such notifications or attempted notifications shall be documented.
E. The obligation to notify the inmate/victim shall terminate if the inmate is
released from the Sheriff’s custody.
XXII. DISCIPLINARY SANCTIONS FOR INMATES
A. Inmates who are found guilty of committing sexual assault will be
punished to the highest degree in accordance with the Jail Division’s
inmate discipline policy, up to and including criminal prosecution.
B. An inmate’s mental disabilities or mental illness shall be considered when
determining what type of discipline, if any, should be imposed.
C. An inmate may be disciplined for sexual contact with staff only upon a
finding that the staff member did not consent to such contact.
D. For the purpose of disciplinary action, a report of sexual abuse made in
good faith based upon a reasonable belief that the alleged conduct
occurred shall not constitute falsely reporting an incident or lying, even if
an investigation does not establish evidence sufficient to substantiate the
allegation.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 27 of 32
E. All sexual activity between inmates is prohibited and any sexual activity
between inmates may result in discipline. However, any such activity that
is not determined to be coerced shall not be deemed to constitute sexual
abuse.
XXIII. DISCIPLINARY SANCTIONS FOR EMPLOYEES
A. Employees shall be subject to disciplinary sanctions up to and including
termination for violating this policy.
B. Termination shall be the presumptive disciplinary sanction for staff who
have engaged in sexual abuse.
C. Disciplinary sanctions for violations of policies relating to sexual abuse or
sexual harassment (other than actually engaging in sexual abuse) shall
be commensurate with the nature and circumstances of the acts
committed, the staff member’s disciplinary history, and the sanctions
imposed for comparable offenses by other staff with similar histories.
D. Any incident of sexual harassment shall be considered in determining
whether to promote an employee. Any employee who has been civilly or
administratively adjudicated to have engaged or attempted to engage in
sexual misconduct shall not be promoted.
E. All terminations for violations of sexual abuse, sexual misconduct, or
sexual harassment policies, or resignations by staff who would have been
terminated if not for their resignation, shall be reported to law
enforcement agencies, unless the activity was clearly not criminal, and to
any relevant licensing bodies.
XXIV. DISCIPLINARY SANCTIONS FOR CONTRACTORS AND VOLUNTEERS
A. Any contractor or volunteer who engages in sexual abuse shall be
prohibited from contact with inmates and shall be reported to law
enforcement agencies, unless the activity was clearly not criminal, and to
relevant licensing bodies.
B. The Sheriff’s Office shall take appropriate remedial measures, and shall
consider whether to prohibit further contact with inmates, in the case of
any other violation of sexual abuse or sexual harassment policies by a
contractor or volunteer.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 28 of 32
XXV. SEXUAL ABUSE INCIDENT REVIEW S
A. The Jail Command Staff (Captains and Lieutenants) shall conduct a
sexual abuse incident review at the conclusion of every sexual abuse
investigation, including when the allegation has not been sustained/
substantiated, unless the allegation has been determined to be
unfounded.
B. Such review shall ordinarily occur within thirty (30) days of the conclusion
of the investigation, and include input from line supervisors, investigators,
and medical or mental health practitioners.
C. The review shall:
1. Consider whether the allegation or investigation indicates a need to
change policy or practice to better prevent, detect or respond to
sexual abuse.
2. Consider whether the incident or allegation was motivated by race;
ethnicity; gender identity, lesbian, gay, bisexual, transgender, or
intersex identification, status, or perceived status; gang affiliation; or
was motivated or otherwise caused by other group dynamics at the
facility.
3. Examine the area in the facility where the incident allegedly occurred
to assess whether physical barriers in the area enabled the abuse.
4. Assess the adequacy of staffing levels in that area during different
shifts.
5. Assess whether monitoring technology should be deployed or
augmented to supplement supervision by staff.
6. Prepare a report of its findings and any recommendations for
improvement and submit such report to the Bureau Commander, the
PREA Coordinator, and the PREA Compliance Manager.
D. The recommendation(s) for improvement shall be implemented, or the
reason(s) for not doing so shall be documented by the PREA Compliance
Manager.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 29 of 32
XXVI. DATA COLLECTION AND AUDIT
A. The PREA Compliance Manager shall collect accurate, uniform data for
every allegation of sexual abuse at the Sheriff’s Office facilities.
1. The data collected shall include, at a minimum, the data necessary to
answer all questions from the most recent version of the Survey of
Sexual Violence conducted by the Department of Justice (DOJ).
Upon request, the data for the previous calendar year shall be
provided to the DOJ no later than June 30.
2. The data collected shall be maintained for at least ten (10) years after
the date of the initial collection. Destruction after that time may only
be authorized by the Fresno County Board of Supervisors pursuant to
Government Code Section 26202.
B. An annual report shall be prepared by the PREA Compliance Manager,
and shall include a comparison of the current year’s data and corrective
actions with those from prior years, and shall provide an assessment of
the progress made in addressing sexual abuse. The report shall be
made available on the Sheriff’s website.
C. During each one-year period, at least one-third of all Sheriff Office
detention facilities shall be audited. The auditor’s final report shall be
published on the Sheriff’s website, or otherwise made readily available to
the public.
XXVII. GRIEVANCES – EXHAUSTION OF ADMINISTRATIVE REMEDIES
A. Inmates are not required to use any informal procedure or to otherwise
attempt to resolve with staff, an alleged incident of sexual abuse.
B. There is no time limitation on when an inmate may submit a grievance
regarding an allegation of sexual abuse.
1. The grievance shall be investigated and processed for review within
ninety (90) days of the initial filing of the grievance.
2. Computation of the 90-day time period shall not include time
consumed by inmates in preparing any administrative appeal.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 30 of 32
3. The response time may be extended up to seventy (70) days, if the
normal time period is insufficient to make an appropriate decision.
The inmate shall be notified in writing of any such extension and
provide a date by which a decision will be made.
4. At any level of the administrative process, if the inmate does not
receive a response within the time allotted for reply, including any
properly noticed extension, the inmate may consider the absence of a
response to be a denial at that level.
C. Third parties, including fellow inmates, staff members, family members,
attorneys, and outside advocates, shall be permitted to assist inmates in
filing requests for administrative remedies relating to allegations of sexual
abuse, and shall also be permitted to file such requests on behalf of
inmates.
1. If a third party files such a request on behalf of an inmate, the inmate
must agree to have the request filed on their behalf, and must
personally pursue any subsequent steps in the administrative remedy
process.
2. If the inmate declines to have the request processed on their behalf,
that decision shall be documented.
D. An inmate may file an emergency grievance when the inmate is subject
to a substantial risk of imminent sexual abuse
1. After receiving such an emergency grievance, the form shall be
forwarded to a level of review at which corrective action may be taken,
provide an initial response within forty-eight (48) hours, and a decision
made within five (5) calendar days.
2. The initial response and final decision shall document the
determination whether the inmate is in substantial risk of imminent
sexual abuse and the action taken in response to the emergency
grievance.
3. An inmate may be disciplined for submitting a grievance related to
alleged sexual abuse only when it can be demonstrated that the
inmate filed the grievance in bad faith.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 31 of 32
XXVIII. SEXUAL DISORDERLY CONDUCT
A. By choosing to work in a jail environment, corrections personnel have
acknowledged and accepted the probability that they will face
inappropriate and socially deviant behavior. While it is not possible to
stop all obscene comments and conduct by inmates, neither shall it be
accepted or condoned. Acts of indecent exposure, sexual disorderly
conduct and exhibitionist masturbation will not be tolerated. Any inmate
who engages in indecent exposure or sexual disorderly conduct shall be
reported and disciplined in an attempt to eliminate and reduce the
opportunity to repeat the behavior.
B. If counseling and progressive discipline fails to result in a modification of
the inmate’s behavior, an additional charge of PC 314.1 (indecent
exposure) or PC 647 (disorderly conduct) shall be added after the
inmate’s third violation.
C. Sexually hostile conduct shall not be ignored. Every incident shall be
documented by the observing employee. If the exposure or inappropriate
touching of one’s genitals is considered to be unusual and bizarre
behavior, a referral for a mental health evaluation shall be included in the
rule violation report process.
D. If an inmate’s continued behavior requires additional security precautions,
such steps shall be taken, which may include, but not be limited to the
following:
1. Transfer to an administrative housing unit (if the behavior occurs in a
group setting or inside the cell/bed area in a general population
housing unit).
2. Window coverings (to limit the inmate’s ability to observe staff while
engaging in the behavior). If window coverings are used, hourly
security checks shall be conducted and documented.
3. Posted notification, alerting staff to the inmate’s propensity to engage
in indecent exposure or sexual disorderly conduct.
4. Temporary restriction from the exercise yard or other settings which
may provide a venue for the behavior.
5. Substitution of activity setting to reduce the possibility of the behavior
impacting staff.
FRESNO COUNTY SHERIFF’S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SEXUAL MISCONDUCT AND ABUSE NO: D-360
FILE: SEXUAL ABUSE
Page 32 of 32
XXIX. ADDENDUMS
Sexual Misconduct and Abuse Policy Outline (Addendum A)
Sexual Assault Victim Assistance Checklist (Addendum B)
Sexual Assault Response Flow Chart (Addendum C)
Sexual Assault Posters (Addendums D – English, Spanish, Hmong)
Policy Acknowledgement (Addendums E – Volunteer, Contractor,
Employee)
PREA Vulnerability Assessment form (Addendum F)