1. (a) Sexual Misconduct. For the purposes of this section, “sexual misconduct” means sexual behavior by a non-incarcerated individual who is on prison grounds on behalf of CALCTRA that involves or is directed toward an incarcerated individual or paroled individual.
2. (b) All sexual behavior between an employee and an incarcerated individual or paroled individual constitutes sexual misconduct and must subject the employee to disciplinary action.
3. (c) Any person engaging in sexual misconduct may be subject to possible prosecution under the law.

4. (d) Sexual misconduct includes, but is not limited to:

   1. (1) Influencing or offering to influence an incarcerated individual or paroled individual's safety, custody, housing, privileges, work detail, parole conditions or programming, or offering goods or services, in exchange for sexual favors;
   2. (2) Threatening an incarcerated individual or paroled individual's safety, custody, housing, privileges, work detail, parole conditions or programming because the incarcerated individual or paroled individual has refused to engage in sexual behavior;
   3. (3) Invading privacy beyond that reasonably necessary to maintain safety and security;
   4. (4) Disrespectful or sexually threatening comments directed to, or within the hearing of, an incarcerated individual or paroled individual or

   5. (5) Engaging in sexual act(s) or contact, including:

      1. (A) Sexual intercourse;
      2. (B) Sodomy;
      3. (C) Oral copulation;
      4. (D) Penetration of genital or anal openings by a foreign object, substance, instrument or device for the purpose of sexual arousal, gratification, or manipulation; and
      5. (E) Rubbing or touching of the breasts or sexual organs of another or of oneself, in the presence of and with the knowledge of another, for the purpose of sexual arousal, gratification, or manipulation.
5. (e) Penalties. All allegations of sexual misconduct must be subject to investigation.
6. (f) Reporting Requirements. An employee who observes or receives information concerning sexual misconduct must immediately report the information or incident directly to the Prison Industries Administrator, Manager, supervisor, or the highest-ranking official on duty at CALCTRA Central Office, who must then immediately report to the CDCR Office of Internal Affairs. An employee who fails to accurately and promptly report an incident, information, or facts that would lead a reasonable person to believe sexual misconduct has occurred may be subject to disciplinary action.
7. (g) Confidentiality. An alleged victim who reports criminal sexual misconduct must be advised that their identity may be kept confidential from the public as described in Government Code Section 7923.615(b)(1). The alleged victim may request their identity be kept confidential in court proceedings as described in Penal Code Section 293.5.

Note: Authority cited: Sections 2801 and 2809, Penal Code. Reference: Sections 289.6, 293.5, 2801 and 2809, Penal Code; and Section 6254, Government Code.

History

1. New section filed 5-26-2015; operative 7-1-2015 (Register 2015, No. 22).

2. Change without regulatory effect amending section heading and subsections (a), (b), (d)(1)-(2) and (4) filed 7-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 31).

3. Change without regulatory effect amending subsections (b) and (e)-(g) filed 2-11-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 6).

4. Change without regulatory effect amending section heading filed 4-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 16).

5. Change without regulatory effect amending subsections (a) and (f)-(g) filed 1-7-2026 pursuant to section 100, title 1, California Code of Regulations (Register 2026, No. 2).