Prisons.

Former Section 2609 is entirely deleted. This removed the right of incarcerated persons to request the presence of a non-DOC advocate during body cavity searches, strip searches, or body scans, as well as documentation requirements for those requests and for advocate requests during medical appointments.

The digest now lists 'felony domestic battery and specified sex offenses' as additional disqualifying convictions for appointment or promotion to positions involving contact with incarcerated persons, and adds that substantiated allegations of sexual abuse in the course of employment reported against a person also disqualify them.

The requirement that body-worn camera policies prohibit deactivation solely because no incarcerated person is present or the staff member is not interacting with an incarcerated person has been removed from Section 5003.7, weakening accountability for camera use.

New Section 2608(c)(2) through (c)(5) adds detailed scanning technology pilot program requirements: accommodating gender preferences for staff performing scans, allowing incarcerated persons to refuse scanning technology, implementing privacy settings that restrict access to body scan images and require immediate deletion when not needed for contraband proof, and submitting a report to the Legislature one year after the pilot begins.

New Section 2608(d) requires the department to engage incarcerated individuals in peer leadership positions and the sexual assault response and prevention working group when developing regulations for search protocols and scanning technology.

Section 6054(a)(2) now limits the prior employer contact requirement to 'all prior institutional employers that the department has knowledge of' rather than all prior institutional employers, narrowing the scope of background investigation obligations.

Section 2608(b)(1) adds 'work change' to the list of routine activities (alongside visitation, family visitation, and transportation) that do not constitute a nonroutine search or scan.

Section 2635.1 policy name changed from 'Prison Rape Sexual Violence Elimination' to 'Prison Sexual Violence Elimination,' and 'independent contractors' was shortened to 'contractors.'

New Section 289.6(k) requires that any person convicted under that section who is employed by a public entity health facility be terminated and barred from being hired or reinstated by a public entity health facility.

New Section 1 adds legislative findings stating that sexual abuse by staff is an ongoing issue in DOCR facilities, especially in women's facilities where recent lawsuits have revealed serial abuse, and that the purpose of the act is to implement safeguards to prevent future sexual abuse.

New Section 2608 requires the department to develop and implement protocols by January 1, 2028 for nonroutine searches or scans, including obtaining approval from a sergeant or above, documenting the incarcerated person's gender preference for the searching officer, recording full details of the search, and providing the person with a written receipt.

Section 2610 changes the grievance deadline language from 'a grievance' to 'a routine grievance,' potentially distinguishing it from a separate non-routine grievance process.

New Section 2608(c) requires the department, upon appropriation by the Legislature, to establish a pilot program at three institutions (including one men's and one women's prison) to evaluate replacing unclothed body searches with scanning technology, with privacy settings, image deletion requirements, and a report to the Legislature one year after commencement.

Section 5003.7 now requires the department to establish body-worn camera policies by July 1, 2027 (previously no deadline), and adds requirements that policies reflect a minimum amount of time per shift the camera must be activated and that it must be activated when interacting with incarcerated persons.

Section 5003.7 adds a requirement for the department to develop audit protocols to ensure compliance with body-worn camera policies.

The Prison Rape Elimination policy is renamed to Prison Sexual Violence Elimination, broadening the stated scope of the policy beyond rape to all sexual violence.

Throughout the bill, references to 'inmates' are updated to 'incarcerated persons' to use more current and inclusive terminology.

Section 6054 changes the hiring and promotion restriction standard from actual conduct ('has engaged in sexual abuse') to what the department learns or obtains information about, lowering the threshold for triggering the prohibition.

New Section 2635.1 requires CDCR to adopt and regularly update a Prison Rape Elimination policy that must outline zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment across all institutions, community correctional facilities, and conservation camps. The policy must include anti-retaliation provisions and require definitions to be culturally competent, gender inclusive, and consistent with federal and state law.

Section 289.6 subdivision (j) was changed so that any person convicted of ANY violation (not just a felony violation) who is employed by CDCR must be terminated and is permanently barred from being hired or reinstated. The same change applies to subdivision (k) for public entity health facility employees.

Provisions previously included in the bill regarding guidelines for outside organizations (2SLGBTQ+ rights organizations, rape crisis agencies, victim advocacy organizations, community service providers), facilitating communication between incarcerated people and those organizations, memoranda of understanding with community providers, intake education about zero-tolerance policies, and accessibility accommodations for incarcerated persons with disabilities were all removed from this version.

The bill's section numbering was reorganized. The prior version referenced adding Sections 2642.1, 2642.2, 2645, and 6401.1 to the Penal Code. The new version instead adds Sections 2608, 2609, 2610, 2635.1, 5003.7, 6054, and 6126.1, reflecting a restructuring of where provisions are placed in the code.

Assembly Members Schultz and Sharp-Collins were added as coauthors of the bill.

Section 289.6 (criminal penalty for staff sexual activity with confined persons) was restructured: violations are now classified as 'public offenses' rather than flat misdemeanors, with a tiered penalty structure allowing up to state prison or a $10,000 fine for certain acts. Any person convicted of any violation (not just felony) employed by DCJR must be terminated and barred from reinstatement. A new provision also requires termination and hiring ban for anyone convicted of any violation who works at a public entity health facility.

New Section 5003.7 requires the department to establish body-worn camera policies specifying when cameras may be deactivated. Cameras cannot be turned off simply because no incarcerated person is present. During confidential medical, dental, or mental health interactions, staff must inform the subject of deactivation and document the time, reason, and reactivation time.

New Section 6126.1 allows an incarcerated person to file an anonymous grievance about sexual violence directly to the Office of the Inspector General, and authorizes the Inspector General to review any such grievance regardless of whether it was previously filed with the institution.

Section 2639 (investigation procedures for sexual abuse) was amended so that confirmed staff abusers are not only terminated but also barred from being hired or reinstated by the department. The reporting requirement was broadened from 'criminal sexual abuse' to 'any known or suspected sexual abuse by staff,' and the reporting destination changed from generic 'law enforcement authorities' to 'a local law enforcement agency.'

New Section 6054 prohibits the department from appointing or promoting anyone to a position involving contact with incarcerated persons if they have engaged in sexual abuse in any correctional facility, been convicted of specified serious offenses (murder, kidnapping, rape, lewd acts on a child under 14, sex offenses requiring registration, domestic violence offenses), or been civilly/administratively adjudicated for such conduct. Requires criminal background checks every 5 years for existing employees and contractors.

New Section 2608 gives incarcerated people the right to request the presence of a non-DCJR advocate during body cavity searches, strip searches, or body scans. New Section 2609 requires documentation of whether an advocate was requested, their identifying information if granted, and reasons for denial.

Section 6065 (internal affairs investigations) now requires investigators to disclose actual or potential conflicts of interest and to recuse themselves if they have a personal relationship (defined as blood, marriage, domestic partnership, cohabitation, or third-degree relative) with a staff member involved in the investigation.

New Section 2610 extends the grievance filing deadline from 60 to 120 calendar days after discovering an adverse policy, decision, action, condition, or omission by the department.

The bill's scope expanded from amending one section and adding four new sections to amending three existing sections (289.6, 2639, 6065) and adding nine new sections (2608, 2609, 2610, 2642.1, 2642.2, 2645, 5003.7, 6054, 6126.1), covering employment screening, search rights, camera policy, grievance procedures, and criminal penalties in addition to the original victim services provisions.

The fiscal committee designation changed from 'no' to 'yes,' indicating the amendment introduces state-mandated local program costs or other fiscal impacts that were not present in the prior version.

The bill expanded from a one-line statement of intent to five substantive sections (amending Penal Code 2642 and adding new sections 2642.1, 2642.2, 2645, and 6401.1) covering intake education, outside service provider access, disability accommodations, and communication facilitation.

Changed 'Gay rights organizations' to '2SLGBTQ+ rights organizations' in the list of eligible outside organizations, and added a new definition of 2SLGBTQ+ as two-spirit, lesbian, gay, bisexual, transgender, queer, and additional sexual orientations and gender identities.

Added requirements that incarcerated persons with disabilities (deaf or hard of hearing, blind or low vision, intellectual, psychiatric, or speech disabilities) and those who are limited English proficient have equal opportunity to participate in all aspects of the department's sexual abuse prevention, detection, and response efforts.

Required that incarcerated persons have access to community-based mental health and emotional support services regardless of security level, sentence length, or mental health classification, with a right to appeal any denial and a requirement that written denials be provided within five days.

Prohibited the department from using incarcerated interpreters, readers, or other incarcerated assistants except in narrow circumstances where an extended delay could compromise safety, emergency medical services, or investigation of abuse allegations.

Required the department to facilitate communication between incarcerated people and victim advocacy organizations and rape crisis agencies, provide their contact information, maintain confidentiality as possible, and inform people about monitoring and mandatory reporting before granting access.

Required comprehensive sexual abuse education within 30 days of intake for new arrivals, within one year of the effective date for currently incarcerated persons, and upon transfer to a facility with different policies. First report to the Legislature due by July 1, 2026, with annual reports thereafter.

Required the department to enter into memoranda of understanding with nonprofit community service providers for confidential emotional support services related to sexual abuse, document hours of in-person services per month, and report this documentation to the Legislature annually.