Sexual assault in prison.

Removed the four-year post-release tolling period for sexual assault claims against public entities. The Assembly version gave incarcerated people four years after release to file suit; the Senate version only tolls during imprisonment or sentence itself, meaning the normal statute of limitations resumes immediately upon release.

Narrowed the internal affairs reporting requirement in Section 2646.2(b) from reporting 'an allegation of sexual assault' to specifically 'an allegation of sexual assault of an incarcerated person by a staff member,' limiting the scope to staff-perpetrated incidents only.

Changed the employment ban for confirmed abusers from 'prohibited from future employment with the department' to 'shall not be eligible to be hired or reinstated by the department,' slightly narrowing the scope of the ban.

Added a requirement that by January 1, 2028, the department develop and implement procedures to notify an incarcerated person's contact person of a report of sexual assault by a staff member, based on written documentation from the incarcerated person requesting such notification.

Added a requirement that upon conclusion of an investigation into an allegation of sexual assault by a staff member, the department shall provide the outcome to the incarcerated person, who may then share it with their chosen contact person.

Changed the outside-notification provision from requiring the department to notify a rape crisis center, community-based organization, or attorney within 48 hours, to requiring the department to facilitate access for the incarcerated person to meet with those entities within one calendar day, either in-facility or via remote technology (telephone or video conferencing).

Added a confidentiality and privacy compliance requirement stating the department must ensure compliance with all appropriate confidentiality and privacy laws, including appropriate release of medical information concerning the incarcerated person.

Added a new section requiring the department to minimize transfers of an incarcerated person who reported sexual assault by a staff member for 90 days following the report, unless there is an operational need or safety, security, or health concerns. This supplements the existing written-consent transfer restriction.

Broadened what administrators must report from 'criminal sexual abuse by staff to law enforcement authorities' to 'any known or suspected sexual abuse by staff to a local law enforcement agency.' This lowers the threshold (suspected rather than confirmed criminal) but specifies the reporting destination.

Added a new definition for 'contact person' (also known as next of kin), defined as a person identified in the department's electronic file as the primary or alternate person to be notified in the event of death, serious injury, or serious illness.

Expanded the definition of sexual assault to include Section 289.6 (sexual penetration with a foreign object) in addition to the previously listed offenses.

Changed the tolling period language from 'imprisonment and until or sentence' to 'imprisonment or sentence,' clarifying that the statute of limitations is tolled during either pre-conviction imprisonment or a criminal sentence, rather than using ambiguous phrasing.

Changed 'release from actual custody' to 'release from custody,' removing the qualifier 'actual.' This means the four-year post-release filing period now begins upon any release from custody, not just what might be narrowly construed as 'actual' custody.

The tolling provision in Section 352.1(d) now applies only to sexual assault that is alleged to have occurred while the claimant was imprisoned, rather than any sexual assault action brought by a person who happens to be imprisoned at the time of filing. This narrows the class of claims eligible for tolling.

The bill adds principal coauthors (Assembly Members Bonta, Krell, and Stefani) and additional coauthors (Assembly Members Bauer-Kahan, Bryan, and Kalra), indicating broader legislative sponsorship.

A new paragraph (2) in Section 352.1(d) exempts qualifying sexual assault claims against public entities or public employees from all state and local government claim presentation requirements. Previously, a victim would have had to file an administrative claim with the agency before suing; this step is now waived for these claims.

Sections 2646.4(a) and (b) change notification obligations from notifying 'the incarcerated person's family' to notifying 'an immediate family member,' using the defined term that limits notice to spouses, domestic partners, parents, guardians, grandparents, aunts, uncles, siblings, children, and grandchildren.

The definition of 'sexual assault' in Section 2646(e) removes the broad phrase 'sexual abuse or any form of sexual violence,' leaving only specific statutory references (Sections 243.4, 261, 264.1, 286, 287, 289, and former 288a, plus assault with intent and attempts). This narrows the scope of conduct covered by the bill's protections.

The term 'inmates' was replaced with 'incarcerated persons' throughout the bill, reflecting a terminology shift in how the legislature refers to people in custody.

A new definition of 'immediate family member' was added (Section 2646(b)), covering spouse, domestic partner, parent, guardian, grandparent, aunt, uncle, brother, sister, child, or grandchild related by blood, marriage, or adoption.

The definition of 'sexual assault' in Section 2646 was expanded from the general phrase 'sexual abuse or any form of sexual violence' to a specific enumeration of Penal Code offenses (Sections 243.4, 261, 264.1, 286, 287, 289, or former Section 288a), plus assault with intent to commit those crimes and attempts to commit them.

The family notification requirement in Section 2646.4 was narrowed from notifying 'the incarcerated person's family' to notifying 'an immediate family member of the incarcerated person,' limiting who can receive notifications about a sexual assault report and investigation updates.