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California Law (Last Updated: March 4, 2014) |
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Penal Code - PEN |
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Part 3. OF IMPRISONMENT AND THE DEATH PENALTY |
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Title 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS |
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Chapter 3. Civil Rights of Prisoners |
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ARTICLE 3. Sexual Abuse in Detention |
Section 2637.
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The Department of Corrections and Rehabilitation shall ensure that its protocols for responding to sexual abuse include all of the following:
(a) The safety of an inmate or ward who alleges that he or she has been the victim of sexual abuse shall be immediately and discreetly ensured. Staff shall provide the safest possible housing options to inmates and wards who have experienced repeated abuse. Housing options may include discreet institution transfers.
(b) Inmates and wards who file complaints of sexual abuse shall not be punished, either directly or indirectly, for doing so. If a person is segregated for his or her own protection, segregation must be nondisciplinary.
(c) Any person who knowingly or willfully submits inaccurate or untruthful information in regards to sexual abuse is punishable pursuant to department regulations.
(d) Under no circumstances is it appropriate to suggest that an inmate should fight to avoid sexual violence or to suggest that the reported sexual abuse is not significant enough to be addressed by staff.
(e) Staff shall not discriminate in their response to inmates and wards who are gay, bisexual, or transgender who experience sexual aggression, or report that they have experienced sexual abuse.
(f) Retaliation against an inmate or ward for making an allegation of sexual abuse shall be strictly prohibited.