Inmates: civil rights.

Existing law requires the Department of Corrections and Rehabilitation to institute certain practices to prevent sexual violence and promote inmate and ward safety in the Department of Corrections and Rehabilitation. This bill would require the department and all local corrections agencies; city, county, city and county, and regional juvenile justice facilities; police lockups; and all private confinement companies, as defined, to create a safe environment free from sexual abuse for inmates or arrestees, including those inmates or arrestees subject to a United States Immigration and Customs Enforcement hold, by adopting policies and procedures implementing specified federal regulations. The bill would require the entities to audit, on a 3-year cycle, all facilities operated by the agency, department, or company, as specified. The bill would require the Board of State and Community Corrections to provide means for members of the public to raise concrete and specific concerns about material insufficiency of the published policies or procedures and would require the board to certify auditors, create a standard audit report format, and recommend or require the agency, department, or company to audit specified facilities when there is sufficient reason to believe that a pattern and practice of sexual abuse is occurring in the facility. The bill would specify penalties for agencies, departments, and companies that are delinquent for or fail an audit. Because this bill would require a higher level of service from county and local correctional facilities, it would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.