Prison Rape Elimination

Question 1

What is the purpose of the policy outlined in 902.1?

Answer 1

To provide guidance for complying with the Prison Rape Elimination Act of 2003 (PREA) and prevent, detect, and respond to sexual abuse, harassment, and retaliation in custody.

Question 2

Define ‘Intersex’ as per the policy.

Answer 2

A person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female.

Question 3

What constitutes ‘Sexual abuse’ under this policy?

Answer 3

Any non-consensual contact or coercive sexual acts, including:
* Contact between the penis and the vulva or anus
* Contact between the mouth and the penis, vulva, or anus
* Penetration of the anal or genital opening
* Intentional touching of specified body parts

Question 4

What is ‘Sexual harassment’ as defined in the policy?

Answer 4

Repeated and unwelcome sexual advances, requests for sexual favors, or derogatory comments of a sexual nature directed toward another individual.

Question 5

What does ‘Transgender’ mean in this context?

Answer 5

A person whose gender identity is different from the person’s assigned sex at birth.

Question 6

What is the Stockton Police Department’s stance on sexual abuse and harassment?

Answer 6

Zero tolerance toward all forms of sexual abuse and sexual harassment.

Question 7

Who is responsible for appointing the PREA Coordinator?

Answer 7

The Chief of Police.

Question 8

What are the responsibilities of the PREA Coordinator?

Answer 8

Responsibilities include:
* Developing compliance procedures
* Ensuring contracts meet PREA standards
* Developing staffing plans
* Establishing reporting methods for abuse
* Coordinating response plans for incidents

Question 9

What should individuals in custody be notified of regarding reporting?

Answer 9

They should be notified of the zero-tolerance policy and at least one way to report abuse anonymously.

Question 10

What actions must department members take when they receive a report of sexual abuse?

Answer 10

They must document all reports and report any knowledge or suspicion of incidents to the Watch Commander.

Question 11

What is the Watch Commander’s responsibility upon receiving a report?

Answer 11

To report all allegations of sexual abuse or harassment to designated investigators and document notifications.

Question 12

What is required of the first responders to a report of sexual abuse?

Answer 12

They must separate parties, preserve the crime scene, notify a supervisor, and ensure the alleged victim and abuser do not destroy evidence.

Question 13

What is the policy regarding polygraph examinations for victims of sexual abuse?

Answer 13

No individual in custody shall be required to submit to a polygraph examination as a condition for proceeding with the investigation.

Question 14

What access should victims of sexual abuse receive?

Answer 14

Timely, unimpeded access to emergency medical treatment without financial cost.

Question 15

What happens to completed investigations of sexual abuse allegations?

Answer 15

They are forwarded to the Chief of Police or City Manager for review and determination of substantiation.

Question 16

What disciplinary action is presumed for department members who engage in sexual abuse?

Answer 16

Termination.

Question 17

Fill in the blank: The Stockton Police Department has _______ toward all forms of sexual abuse and sexual harassment.

Answer 17

zero tolerance

Question 18

True or False: The policy includes provisions for individuals with limited English proficiency and disabilities.

Answer 18

True

Question 19

What is the standard for substantiating allegations of sexual abuse or harassment?

Answer 19

A preponderance of the evidence

Referenced in 28 CFR 115.172.

Question 20

What disciplinary actions may personnel face for violating the sexual abuse policy?

Answer 20

Disciplinary sanctions up to and including termination

Referenced in 28 CFR 115.176.

Question 21

What is the presumptive disciplinary sanction for department members who engage in sexual abuse?

Answer 21

Termination

Referenced in 28 CFR 115.176.

Question 22

What must occur for all terminations related to violations of the sexual abuse policy?

Answer 22

They shall be criminally investigated

Referenced in 28 CFR 115.176.

Question 23

What is required if a contractor or volunteer engages in sexual abuse?

Answer 23

Prohibited from contact with individuals in custody and reported to relevant licensing bodies

Referenced in 28 CFR 115.177.

Question 24

What protection is provided to individuals in custody who report sexual abuse or harassment?

Answer 24

Protection from retaliation

Referenced in 28 CFR 115.167.

Question 25

What measures can the Watch Commander employ to protect individuals from retaliation?

Answer 25

Transfers, removal from contact, emotional support services ## Footnote Referenced in 28 CFR 115.167.

Question 26

What is the timeline for conducting an incident review after a sexual abuse investigation?

Answer 26

Within 30 days of the conclusion of the investigation ## Footnote Referenced in 28 CFR 115.186.

Question 27

What should the incident review team include?

Answer 27

Upper-level management officials and input from line supervisors and investigators ## Footnote Referenced in 28 CFR 115.186.

Question 28

What factors should be considered during the incident review?

Answer 28

* Need to change policy or practice * Motivation by race, gender identity, etc. * Physical barriers to abuse * Staffing levels * Monitoring technology ## Footnote Referenced in 28 CFR 115.186.

Question 29

What is the purpose of the annual review of sexual abuse data?

Answer 29

To assess and improve the effectiveness of policies, practices, and training ## Footnote Referenced in 28 CFR 115.187.

Question 30

What information should the annual report include?

Answer 30

* Identification of problem areas * Corrective actions taken * Recommendations for further actions * Comparison with prior years * Assessment of progress ## Footnote Referenced in 28 CFR 115.188.

Question 31

How long must written reports from administrative and criminal investigations be retained?

Answer 31

As long as the alleged abuser is held or employed, plus five years ## Footnote Referenced in 28 CFR 115.171.

Question 32

What training is required for department members who may have contact with individuals in custody?

Answer 32

Department-approved training on prevention and detection of sexual abuse and harassment ## Footnote Referenced in 28 CFR 115.131.

Question 33

What topics must the training cover?

Answer 33

* Zero-tolerance policy * Dynamics of sexual abuse * Rights of individuals in custody * Detecting and responding to abuse * Effective communication * Mandatory reporting laws ## Footnote Referenced in 28 CFR 115.131.

Question 34

What additional training is needed for investigators assigned to sexual abuse investigations?

Answer 34

* Interview techniques * Use of Miranda and Garrity warnings * Evidence collection * Criteria for substantiation ## Footnote Referenced in 28 CFR 115.134.

Question 35

When must current department members be trained on sexual abuse policies?

Answer 35

Within one year of the effective date of the PREA standards ## Footnote Referenced in 28 CFR 115.131.

Question 36

What must be documented to ensure training comprehension?

Answer 36

Individual signature or electronic verification ## Footnote Referenced in 28 CFR 115.131.