Sexual Misconduct with Residents or Clients

Idaho
Department
of Correction Standard
Operating
Procedure
Title:
Sexual Misconduct with Residents or
Clients

1 of 8

219.02.01.001
Version:
1.0
Adopted:
01/29/2026

Chad Page, Chief of Institutions and Operations, approved this document and
it was published on 01/29/2026.
Open to the public: Yes No This document is referenced in a POST
lesson plan.
SCOPE
This standard operating procedure (SOP) applies to Idaho Department of
Correction (IDOC) staff, residents or clients, and any person who is involved
directly or indirectly in the care and custody of residents or clients.
Version Summary
Version 1.0: This is a new SOP which replaces Policy 219, Sexual Misconduct with
Offenders.
TABLE OF CONTENTS
Scope ....................................................................................................................................... 1
Table of Contents ................................................................................................................... 1
A. Statutory Authority ...................................................................................................... 2
B. Board of Correction IDAPA Rule ................................................................................. 2
C. Governing Policy Statement ....................................................................................... 2
D. Purpose .......................................................................................................................... 2
E. Responsibility ................................................................................................................ 2
F. Definitions ...................................................................................................................... 3
G. Standard Procedures ................................................................................................... 4
1. General Statement ................................................................................................... 4
2. Staff Misconduct ....................................................................................................... 4
3. Reporting and Notification ...................................................................................... 6
4. Investigation ............................................................................................................. 6
6. Confidentiality ........................................................................................................... 7
7. Records....................................................................................................................... 7
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8. Retaliation .................................................................................................................. 7
H. References ..................................................................................................................... 8

A. STATUTORY AUTHORITY
1. Idaho Code § 20-217A, Appointment of Director – Salary – Powers and Duties
2. Idaho Code § 20-219, Probation and Parole Supervision and Training – Limited
Supervision - Rulemaking
3. Idaho Code § 20-244, Government and Discipline of the Correctional Facility –
Rules and Regulations
4. Idaho Code § 18-6110, Sexual Contact with a Prisoner
B. BOARD OF CORRECTION IDAPA RULE
None
C. GOVERNING POLICY STATEMENT
1. The Idaho Department of Correction has zero tolerance for sexual misconduct
toward or with any individual under the care, custody, or supervision of the
department by any department staff.
2. Under Idaho law, it is a felony for any department employee (or employee or
agent of a state, local, or private correctional facility) to have sexual contact
with a prisoner to include the following: sexual intercourse, genital-genital
contact, manual-anal contact, manual-genital contact, oral-genital contact,
anal-genital contact, or oral-anal contact between persons of the same or
opposite sex.
3. Other forms of sexual misconduct directed toward any individual under the
care, custody or supervision of the department, while not a felony, are strictly
prohibited by this policy. Further, some of the defined acts of sexual misconduct
may also be a misdemeanor (i.e., a battery or assault, under state law).
D. PURPOSE
Staff must maintain the highest standards of professionalism when dealing with
residents or clients. In accordance with the IDOC’s zero-tolerance standard, sexual
misconduct with a resident or client will not be tolerated.
E. RESPONSIBILITY
1. Warden, District Manager, Community Reentry Center (CRC) Manager
a. Immediately notify the appropriate Division Chief and Human Resource
Officer, and the Special Investigations Unit (SIU) Chief Investigator of
allegations of staff sexual misconduct.
b. Work with the SIU Chief Investigator when a preliminary inquiry is needed to
gather evidence that will either confirm or dispel suspicion that sexual
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misconduct occurred and determine when the matter should be referred for
an administrative investigation.
2. SIU Chief Investigator
a. Review and determine if the evidence confirms or dispels suspicion that staff
sexual misconduct occurred.
b. Determine if the preliminary inquiry provides sufficient information to warrant
further investigation and ensure any administrative investigation is conducted
in accordance with SOP 150.01.01.006, Administrative Investigations.
c. Keep the Human Resource Officer apprised of the investigation and any
administrative leave needed to protect the integrity of the case and the
safety and security of the staff, residents, clients, and the facility or district.
3. Human Resource Officer
a. Ensure requests for administrative leave are promptly reviewed and
processed and monitor the continuing need for administrative leave.
b. Ensure appropriate corrective or disciplinary action, up to and including
dismissal, is referred to the appropriate leadership, and actions are taken
whenever this policy is violated.
F. DEFINITIONS
1. Client: A person who has been convicted of a crime against the laws of the
state and is on probation supervision as ordered by the court or parole
supervision as ordered by the Commission of Pardons and Parole. The term
client includes any use in Idaho law, Board of Correction rule, or IDOC policy
or procedure of the terms “offender(s),” or any other term referring to a
person on probation or parole supervision by the Board of Correction.
2. Contractor: An individual who provides services to the Idaho Department of
Correction, Correctional Industries, the Commission of Pardon and Parole,
those under the jurisdiction of the department, or any unit of the Idaho
Department of Correction via a contract either individually or through an
organization.
3. Resident: A person who has been convicted of a crime against the laws of
the state and ordered into the care and custody of the Board of Correction.
Resident includes any use in Idaho law, Board of Correction rule, or IDOC
policy or procedure of the terms “offender(s),” “prisoner(s)”, “inmate(s)”,
“incarcerated person(s)”, or any other term referring to a person residing in
a correctional facility in the care and custody of the Board of Correction.
4. Sexual misconduct: Any form of consensual or non-consensual physical
contact with or communication of a sexual nature directed towards a resident
or client including, but not limited to, sexual abuse, sexual assault, sexual
contact, sexual harassment, or sexual obscenity.
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5. Staff: Any employee, volunteer, intern, contractor, or other authorized
person who provides specific services, as assigned or requested by a superior,
to meet department tasks.
6. Volunteer: A person who has volunteered or donated time or services to the
Board or a Department operation, facility, or district.
G. STANDARD PROCEDURES
1. General Statement
The Department has zero tolerance for and will investigate all allegations of
staff sexual misconduct between staff or vendors involving residents or clients.
Due to the disparity in power, any form of sexual misconduct is prohibited, is
subject to corrective or disciplinary action, and could result in criminal
prosecution.
2. Staff Misconduct
Not every prohibited activity can realistically be listed. Therefore, the types of
conduct specified in this standard operating procedure are not all-inclusive and
do not exclude or excuse other misconduct found by management to be
detrimental to the department. Prohibited activities with residents and clients
include, but are not limited to:
a. Inappropriate relationship: A non-professional, personal relationship with a
resident or client which includes intimate, romantic, or sexual involvement
as evidenced by non-verbal or verbal communication, written
correspondence, or other behavior.
b. Sexual harassment: Verbal comments, nonverbal gestures, or written
communication of a sexual nature; sexual advances or innuendo; request for
sexual favors; or other verbal or physical conduct of a sexual nature to a
resident or client by a staff member, including demeaning references to
gender, sexually suggestive or derogatory comments about body or clothing,
or obscene language.
c. Sexual abuse: Residents and clients cannot consent to sexual contact with
staff. Sexual abuse of a resident or client by a staff member includes the
following categories of staff sexual misconduct and occurs with or without
consent of the resident or client:
i. Contact between the penis and the vulva or the penis and the anus,
including penetration, however slight.
ii. Contact between the mouth and the penis, vulva, or anus.
iii. Contact between the mouth and any body part where the staff member
has the intent to abuse, arouse, or gratify sexual desire.
iv. Penetration of the anal or genital opening, however, slight, by a hand,
finger, object, or other instrument, that is unrelated to official duties or
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where the staff member has the intent to abuse, arouse, or gratify sexual
desire.
v. Any other intentional contact, either directly or through the clothing of or
with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that
is unrelated to official duties or where the staff member has the intent to
abuse, arouse, or gratify sexual desire.
vi. Any attempt, threat, or request by a staff member to engage in the
activities described in this section.
vii. Any display by a staff member of their uncovered genitalia, buttocks, or
breast in the presence of a resident.
viii. Voyeurism by a staff member means an invasion of privacy of an
resident by staff for reasons unrelated to official duties, such as peering
at residents using a toilet in their cell to perform bodily functions;
requiring an resident to expose their buttocks, genitals, or breasts; or
taking images of all or part of an resident’s naked body or of them
performing bodily functions.
d. Sexual contact: Any behavior that includes, but is not limited to, fondling,
kissing, or intentional touching, either directly or through clothing, of the
genitalia, anus, groin, breast, inner thighs, or buttocks of another individual
or any other physical contact, with the intent to abuse, arouse, or gratify
sexual desire (examples of prohibited contact: neck rubs, back rubs, hair
touching, massages, caresses, or any touching of an intimate nature with
the requisite intent). Sexual contact specifically excludes handshakes or
contact made for the purpose of life-saving and/or maintaining security
e. Felony sexual contact: Under Idaho law, it is a felony for any IDOC employee
(or employee or agent of a state, local, or private correctional facility) to
have sexual contact with a resident or for a supervising officer to have
sexual contact with a client to include the following: sexual intercourse,
genital-genital contact, manual-anal contact, manual-genital contact, oral-
genital contact, anal-genital contact, or oral-anal contact between persons of
the same or opposite sex.
f. Retaliation: An adverse action or threat of action taken against a resident or
client or any other individual in response to a complaint of sexual
misconduct or cooperation in the reporting and investigation of alleged
sexual misconduct. Retaliation may include but is not limited to excessive
searches, unnecessary or excessive discipline, intimidation or threats of
harm towards, infliction of harm, unnecessary changes in work or program
assignments, unjustified transfers to other institutions or housing changes,
unwarranted placement in protective custody, and unjustified denials of
privileges or services.
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See SOP 149.01.01.001, Prison Rape Elimination for more guidance on staff
sexual misconduct and reporting requirements.
3. Reporting and Notification
a. Any staff who observes sexual misconduct or receives information from any
source concerning sexual misconduct towards a resident or client must
immediately report it.
b. This information must be immediately reported to the facility head or
manager of the individual’s work unit or any of the following individuals
outside of the individual’s work unit:
i. Human Resource Officer
ii. Division Chief
iii. Deputy Division Chief
iv. Warden
v. Probation and Parole District Manager
vi. Community Reentry Center Manager
vii. Special Investigations Unit Chief Investigator
viii. Designee of any of the above listed individuals
c. Wardens, District Managers, and CRC Managers must contact the SIU Chief
Investigator and the Human Resource Officer (or designee), immediately
when allegations of staff sexual misconduct are reported. They must work
with the SIU Chief Investigator to determine if there is enough corroborating
evidence to show the alleged misconduct occurred or if further preliminary
inquiry is necessary.
d. Wardens, District Managers, and CRC Managers must notify the appropriate
division chief (or designee) when allegations of staff sexual misconduct
occur.
e. Failure of any employee to report sexual misconduct towards a resident or
client as outlined above may result in disciplinary action up to, and
including, dismissal.
f. Failure of staff to report sexual misconduct may result in corrective action up
to, and including, termination of services or cancellation of contract. Any
time a facility head believes a staff member has violated this policy, they
may have that staff member permanently removed from the facility and
IDOC grounds.
4. Investigation
a. The warden, community reentry center manager, or probation and parole
district manager who receives the information or allegation of sexual
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misconduct must consult with the SIU Chief Investigator before initiating a
preliminary investigation in accordance with SOP 150.01.01.006,
Administrative Investigations.
b. If evidence from the preliminary investigation corroborates the alleged
sexual misconduct may have occurred, an internal investigation will be
conducted by the Special Investigation Unit. Alleged violations of state
statutes will be referred to the appropriate local law enforcement agency for
further investigation. All preliminary inquiries and investigations will be
conducted in accordance with SOP 150.01.01.006, Administrative
Investigations.
5. Employee Discipline
a. Appropriate corrective or disciplinary action up to and including dismissal will
be taken whenever this policy is violated. The severity and extent of
discipline will be determined on a case-by-case basis by the totality of
factors and circumstances of the individual situation.
b. Corrective or disciplinary action will be taken in accordance with SOP
205.07.01.001, Corrective and Disciplinary Action.
c. Former staff who have violated this policy will be denied visiting privileges,
volunteering/mentoring opportunities, and access to IDOC facilities and
district offices.
6. Confidentiality
a. Any sexual misconduct complaint, including all information and documents
pertinent to the complaint, shall be handled with sensitivity and
confidentiality.
b. Information must only be revealed on a “need to know” basis or in defense
of disciplinary or legal action.
c. Breaches of confidentiality may result in corrective or disciplinary action up
to and including dismissal.
7. Records
The investigative file and any other information and documents pertaining to
the sexual misconduct complaint will be retained by the SIU as outlined in SOP
150.01.01.006, Administrative Investigations, and are considered part of the
employee’s personnel file.
8. Retaliation
Department staff shall not retaliate against the complainant, the victim, the
accused, witnesses, or informants involved in the filing and investigation of
sexual misconduct allegations. Retaliation of any form may result in corrective
or disciplinary action up to and including dismissal.
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H. REFERENCES
1. Cited Documents
a. SOP 149.01.01.001, Prison Rape Elimination
b. SOP 150.01.01.006, Administrative Investigations
c. SOP 205.07.01.001, Corrective and Disciplinary Action

– End of Document –