Sexual assault in prison.

Assembly Member Aguiar-Curry's prison sexual assault prevention legislation establishes new protections for incarcerated individuals while extending the timeframe for pursuing legal action against public entities in cases of sexual assault. The bill modifies civil procedure rules to toll the statute of limitations during imprisonment plus four years after release, removing claim presentation requirements for sexual assault cases against public entities or employees.

The legislation mandates specific protocols for the Department of Corrections and Rehabilitation's handling of sexual assault cases. Staff members confirmed to have sexually abused an incarcerated person face permanent termination and are barred from future employment with the department. The department must monitor both assault victims and reporters for 90 days to prevent retaliation, while providing prompt notification to family members and selected advocates within 24-48 hours of reported incidents.

Under the new provisions, incarcerated individuals who report sexual assault cannot be transferred to another facility without their written consent, except in cases where their safety is at risk. The bill requires the department to preserve evidence, conduct thorough investigations using forensic rape kits when appropriate, and maintain documentation of all sexual abuse incidents. These requirements apply specifically to nonconsensual sexual contact and custodial sexual misconduct, preserving existing regulations regarding consensual acts between incarcerated persons.