California signs law to house transgender inmates by gender identity

California’s Gov. Newsom signs new law requiring California officers within prisons to assign transgender inmates by gender identity

On Saturday September 26th, California’s governor signed a new law that directly affects their transgender population. The California Department of Corrections and Rehabilitation houses men and women in separate facilities. Transgender inmates are often housed based on their sex assigned at birth. This is very dangerous, especially for the women that end up being housed with men. Transgender people face huge problems such as higher rates of violence and sexual assault and/or a hard time getting health services (James, 2020). 

The law signed by Governor Newsom says officers must ask inmates privately during the intake process if they identify as transgender, nonbinary, or intersex. Those inmates can then request to be placed in a facility that houses either men or women. The law says the California Department of Corrections and Rehabilitation cannot deny those requests solely because of inmates' anatomy, sexual orientation or a factor present'' among other inmates at the facility (Beam, 2020). Officers must also address inmates by their preferred pronoun and to search them based on that gender identity. Inmates could also tell officers which place they’d feel safer being housed. For example, if someone identifies as nonbinary, they may choose being housed with either men or women.

The state can deny those requests if it has "management or security concerns.'' If a request is denied, the state must then give the inmate a written statement explaining the decision and give the inmate a "meaningful opportunity'' to object. If at any time inmates raise concerns about their health or safety, the law says the state must reassess where they are housed (Beam, 2020). 

Here are some resources for anyone who may need them (James, 2020):  

  • ACLU National Prison Project (aclu.org/prison) which works to defend and preserve the individual rights and liberties guaranteed by the Constitution and laws of the United States.

  • The Police, Jails & Prisons page on National Center for Transgender Equality’s website (transequality.org). 

  • The Prisons and Policing Resources page on Transgender Law Center’s website (transgenderlawcenter.org).

  • Trans Justice Funding Project (transjusticefundingproject.org) which helps to support grassroots, trans justice groups run by and for trans people in the United States, including U.S. territories.


That same day, Governor Newsom also signed another law requiring local public health officers to better track how diseases affect the LGBT community and a law to ban life and disability insurance companies from denying coverage solely because someone is HIV positive. 

Good job Governor Newson, and thank you for being an ally!

Yours Truly,

Myesha Sapp


Resources:

Beam, A. (2020, September 27). Gov. Newsom signs law requiring California prisons to house transgender inmates by gender identity. Retrieved September 30, 2020, from https://abc7news.com/ca-trans-prison-housing-california-transgender-inmates-jails-newsom-gender-identity-prisons-select/6586846/

Transgender prisoner resources. (2019, October 15). Retrieved September 30, 2020, from https://www.transgendermap.com/politics/prisoners/

Myesha Sapp