Prison Rape Elimination Act (PREA):

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Zero Tolerance Policy 

The Yolo County Probation Department has a zero tolerance policy regarding sexual assault, sexual abuse and sexual harassment. Residents of probation facilities, individuals under probation supervision, probation staff, volunteers, contractors, vendors and collaborative partners have a right to an environment that is free from sexual abuse, sexual assault and sexual harassment.  

Department policy and State and Federal law specifically forbids sexual misconduct, including sexual harassment, between probation clients and staff.  For this purpose, “staff” includes:  contractors, vendors, and volunteers of the Yolo County Probation Department as well as staff from other Federal, State and Local jurisdictions. A “probation client” means someone incarcerated/detained in a correctional facility or under supervision in the community.

Sexual misconduct is defined in the Prison Rape Elimination Act (PREA) 2003.  Forms of sexual misconduct include, but are not limited to:

  • Any behavior of a sexual nature directed toward a probation client by a Department staff, contract staff, vendor, or volunteer.
  • Inappropriate touching between probation clients and staff.
  • All completed, attempted, threatened, or requested sexual acts between Department staff, contract staff, vendor, or volunteer, and a probation client.
  • Sexual comments and conversations with sexually suggestive innuendos or double meanings.
  • Display of or transmittal of sexually suggestive posters, objects, or messages.

The department will fully investigate and immediately address any and all allegations of sexual assault, sexual abuse and sexual harassment, to include criminal and administrative sanctions as appropriate. Probation staff are required to immediately report any instance of suspected or observed sexual abuse, sexual assault or sexual harassment verbally to a supervisor or administrator then to document the matter in writing within 24-hours. Probation staff are required to immediately intervene when they suspect or observe sexual abuse, sexual assault or sexual harassment.

No probation staff member, individual subject to probation supervision, facility resident, volunteer, or collaborative partner will be subject to retaliation for acting in good faith to intervene in, report or document any incident of sexual abuse, sexual assault or sexual harassment.

Annual Report of Sexual Abuse in Yolo County Probation Facilities

PREA standards require that each agency and facility report aggregated numbers of incidents of sexually abusive behavior occurring within the facilities during the previous year.

Juvenile Detention Facility PREA Data 
Year Sexual Assault Allegations # Substantiated Allegations Sexual Misconduct Allegations # Substantiated Allegations Sexual Harassment Allegations # Substantiated Allegations
Youth-on-Youth
2017 0 0 3 0 3 1
2018 0 0 7 4 0 0
 Staff-on-Youth
2017 0 0 1 0 1 0
2018 0 0 1 0 0 0

 

 ** Our facility underwent a PREA audit August 23-25, 2016. The audit found that the PREA Coordinator and facility administration are dedicated to being fully PREA Compliant. Our facility met 37 standards and exceeded in 4.

Frequently Asked Questions (FAQs)

What is PREA?

The Prison Rape Elimination Act (PREA) is a federal law, Public Law 108-79, signed into law in September 2003.  PREA establishes a zero-tolerance standard against sexual assaults and rapes of incarcerated persons of any age.  This makes the prevention of sexual assault in probation department juvenile facilities a top priority.

PREA sets a standard that protects the Eighth Amendment right (constitutional right prohibiting cruel or unusual punishment) of federal, state, and local youth offenders.

It also increases collection of nationwide data on sexual misconduct and sexual assaults on confined persons.  It increases accountability for administrators who fail to prevent, reduce, and punish sexual misconduct and sexual assaults.

To whom does PREA apply?

PREA applies to all public and private institutions that house juvenile and/or adult offenders, male or female.

How does PREA impact the Yolo County Probation Department/Juvenile Detention Facility?

PREA sets a standard that protects the Eighth Amendment right (constitutional right prohibiting cruel or unusual punishment) of youthful offenders. It requires the collection and posting of data on sexual misconduct and sexual assaults on confined persons.  It increases accountability for administrators who fail to prevent, reduce, and punish sexual misconduct and sexual assaults.

PREA addresses the detection, elimination and prevention of sexual assault in juvenile facilities throughout California, and the United States.  PREA creates a set of national standards for compliance and accountability.  PREA directs the collection and dissemination of information on the incidence of youth-on-youth sexual violence as well as staff sexual misconduct with youth in Yolo County Probation custody. For PREA purposes, the term "prison" applies to all federal, state, and local prisons, jails, police lock-ups, temporary holding cells, private facilities, and community settings such as residential facilities.  The term "inmate" applies to any person of any age held in a custodial setting for any length of time by any of the facility types mentioned above.

What is a PREA incident?

Sexual Misconduct is defined as: A range of behavior used to obtain sexual gratification, power, or control against another’s will, or at the expense of another. Acts include, but are not limited to, any conduct of a sexual nature that is without consent, or has the effect of threatening or intimidating the person against whom such conduct is directed toward including: sexual harassment, threats, requests for sexual acts, attempts to commit acts of a sexual nature, obscenity, invasion of privacy for sexual gratification, inappropriate touching of a sexual nature, use of force, coercion, intimidation or threats to manipulate another person for control or sexual gratification.

Sexual Abuse includes:

Sexual abuse of a youth by another youth, which 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:

  • Contact between the penis and the vulva, or the penis and the anus, including penetration, however slight;
  • Contact between the mouth and the penis, vulva, or anus;
  • Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and,
  • 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.

Sexual abuse of a youth by a staff member, contRactor, volunteer, or collaborative partner which includes any of the following acts, with or without consent of the youth:

  • Contact between the penis and the vulva, or the penis and the anus, including penetration, however slight;
  • Contact between the mouth and the penis, vulva, or anus;
  • Contact between the mouth and any body part where the staff member, contractor, volunteer, or collaborative partner has the intent to abuse, arouse, or gratify sexual desire;
  • Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, volunteer, or collaborative partner has the intent to abuse, arouse, or gratify sexual desire;
  • 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 the official duties or where the staff member, contractor, volunteer, or collaborative partner has the intent to abuse, arouse, or gratify sexual desire;
  • Any attempt, threat, or request by a staff member, contractor, volunteer, or collaborative partner to engage in the activities described in this section;
  • Any display by a staff member, contractor, volunteer, or collaborative partner of his or her uncovered genitalia, buttocks, or breast in the presence of a youth;
  • Voyeurism by a staff member, contractor, volunteer, or collaborative partner: an invasion of privacy of a youth by staff for reasons unrelated to official duties, such as peering at a youth who is using a toilet in his or her cell to perform bodily functions; requiring a youth to expose his or her buttocks, genitalia, or breasts; or, taking images of all or part of a youth’s naked body or of a youth performing bodily functions.

Sexual Harassment includes: Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one youth directed toward another; and,

Repeated verbal comments or gestures of a sexual nature to a youth by a staff member, contractor, volunteer, or collaborative partner, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. Note: Sexual harassment includes third-party perception of observed behaviors noted above

How can I report concerns about suspected or reported incidents of sexual misconduct?

The Yolo County Probation Department takes all reports seriously and will work cooperatively with the Yolo County Sheriff’s Office and the Yolo County District Attorney to fully investigate all reports of sexual misconduct.

To report sexual abuse, sexual assault or sexual harassment, you may call any of the numbers listed below. For internal Departmental reporting, you may request to speak to the Probation Department PREA Coordinator, On-Duty Supervising Detention Officer, Institutional Services Director or to any Probation Department Supervisor or Administrator.

  • Yolo County Juvenile Detention Facility (JDF): (530) 406-5300
  • Yolo County Probation Department: (530) 406-5320 or from Sacramento: (916) 375-6418
  • Yolo County Probation PREA Coordinator: (530) 406-5303
  • National PREA Hotline: (888) 232-5393
  • Empower Yolo Hotline: (530) 662-1133
  • Yolo County Child Welfare Services (CPS): (530) 669-2345 or toll free: (888) 400-0022                                      

Questions regarding PREA may be referred to the Yolo County Probation Department PREA Coordinator:

PREA Coordinator
Office: (530) 406-5303
FAX: (530) 669-5802

PREA-Related Information Links

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