Sexual assault in prison.

Plain English Breakdown

The official source material does not provide specific details about enforcement mechanisms for the bill’s provisions, such as funding for monitoring programs.

Sexual Assault in Prison

This law extends the time a person can sue public entities or employees for sexual assault that happened while they were in prison and adds rules to protect prisoners who report such assaults.

What This Bill Does

• Extends the period for bringing an action for sexual assault against a public entity or public employee from two years to up to six years, including four years after release from custody.
• Exempts lawsuits related to prison sexual assault from usual claim presentation requirements.
• Prohibits former employees who were fired for sexually abusing inmates from working in the Department of Corrections and Rehabilitation again.
• Requires the department to monitor prisoners who report sexual assaults for 90 days to check if they are being retaliated against.
• Forbids moving a prisoner who reports a sexual assault to another facility without their consent, unless it's necessary for their safety.

Who It Names or Affects

• People who were sexually assaulted while in prison
• Public entities and employees accused of sexual assault
• Prisoners reporting sexual assaults
• Department of Corrections and Rehabilitation

Terms To Know

Tolling provisions

Rules that pause the time limit for filing a lawsuit.

Claim presentation requirements

Specific rules about how and when to file certain types of claims against government entities.

Limits and Unknowns

• The bill does not specify what happens if someone is transferred without their consent due to safety concerns.
• It's unclear how the new monitoring requirements will be enforced or funded.

Official Summary Text

AB 464, as amended, Aguiar-Curry.
Sexual assault in prison.
(1) Existing law tolls the periods of limitation to bring specific civil actions for up to 2 years, if during that time that the claimant is imprisoned on a criminal charge, as specified. However, under existing law these tolling provisions do not apply to an action brought against a public entity or public employee, as specified.
This bill would, notwithstanding any other law, provide that the period for bringing an action for sexual assault against a public entity or public employee that is alleged to have occurred while the claimant was imprisoned on a criminal charge, or in execution under the sentence of a criminal court, is tolled during the entire period of the claimant’s imprisonment
and 4 years after the claimant’s release from custody.
or sentence.
Under the bill, any claim for sexual assault against a public entity or public employee subject to that provision is exempt from all state and local government claim presentation requirements.
(2) Existing law establishes the Office of the Sexual Abuse in Detention Elimination Ombudsperson with the authority to inspect all of the Department of Corrections and Rehabilitation institutions and to interview all inmates and wards. Under existing law, if an investigation confirms that any employee of the department has sexually abused an inmate or ward, that employee is required to be terminated. Existing law prohibits retaliation against an inmate or ward for making an allegation of sexual abuse. Existing law requires the department to keep statistics on the sexual abuse of inmates and wards and make that data available to the Office of the Sexual Abuse in Detention Elimination Ombudsperson.
This bill would prohibit an employee who has been terminated after an investigation confirms that the employee has sexually abused an incarcerated person or ward from future employment with the department.
This bill would require the department to monitor for 90 days an incarcerated person who reports sexual assault, and the incarcerated person reported to have suffered the sexual assault, by a staff member for possible retaliation. The bill would require the department to make specific notifications and reporting after an incarcerated person is reported to have suffered a sexual assault. The bill would prohibit an incarcerated person who is reported to have suffered a sexual assault at a department facility from being transferred to another facility without their written consent, unless their safety would be at risk. The bill would define terms for its purposes and declare these provisions are severable.

Current Bill Text

Download Bill PDF