California
STATE
Policy: SB 132, The Transgender Respect, Agency and Dignity Act, effective on January 1, 2021.
2606.
(a) An individual incarcerated by the Department of Corrections and Rehabilitation who is transgender, nonbinary, or intersex, regardless of anatomy, shall:
(1) Be addressed in a manner consistent with the incarcerated individual’s gender identity.
(2) If lawfully searched, be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individual’s search preference. If the incarcerated individual’s preference or gender identity cannot be determined, the search shall be conducted according to the gender designation of the facility where they are housed.
(3) Be housed at a correctional facility designated for men or women based on the individual’s preference, including, if eligible, at a residential program for individuals under the jurisdiction of the department. These programs include, but are not limited to, the Alternative Custody Program, Custody to Community Transitional Reentry Program, Male Community Reentry Program, or Community Prisoner Mother Program.
(4) Have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed pursuant to paragraph (3) of subdivision (a) or subdivision (b), including, but not limited to, granting single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat from any location where they may have access to the individual who has expressed a safety concern. If, pursuant to this paragraph, the individual is not granted an alternative based on their perception of health and safety, the department shall document the reasons for that denial and share them with the individual.
(b) If the Department of Corrections and Rehabilitation has management or security concerns with an incarcerated individual’s search preference pursuant to paragraph (2) of subdivision (a) or preferred housing placement pursuant to paragraph (3) of subdivision (a), the Secretary of the Department of Corrections and Rehabilitation, or the secretary’s designee, shall, before denying a search preference or housing the incarcerated individual in a manner contrary to the person’s preferred housing placement, certify in writing a specific and articulable basis why the department is unable to accommodate that search or housing preference.
(c) The Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following: (1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person. (2) The sexual orientation of the incarcerated person. (3) For a denial of a housing preference pursuant to paragraph (3) of subdivision (a), a factor present among other people incarcerated at the preferred type of facility.
(d) The incarcerated individual shall receive a copy of the written statement described in subdivision (b) and, within a reasonable time following the individual’s receipt of the statement, the Department of Corrections and Rehabilitation shall provide the individual with a meaningful opportunity to verbally raise any objections to that denial, and have those objections documented.
(e) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed.
Senate Bill 132, The Transgender Respect, Agency and Dignity Act, became effective on January 1, 2021. It allows incarcerated transgender, non-binary and intersex people to request to be housed and searched in a manner consistent with their gender identity.
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Why is CDCR housing transgender people based on their gender identity?
State law prohibits discrimination based on gender, including gender identity.
Senate Bill 132, a new law which took effect Jan. 1, 2021, allows incarcerated transgender, non-binary and intersex people to request to be housed and searched in a manner consistent with their gender identity.
The federal Prison Rape Elimination Act (PREA) expressly prohibits housing decisions based solely on an incarcerated person’s external genitalia.
PREA standards require correctional agencies to consider on a case-by-case basis incarcerated people’s requests to be placed in an institution consistent with their gender identity when different from their sex assigned at birth.
. . .
Since transgender, non-binary and intersex people may be singled out for violent attacks by other incarcerated people and are at a higher risk for victimization, CDCR must make every effort to protect this vulnerable population. Housing transgender people according to their gender identity, when safe to do so, increases safety in prisons, upholds CDCR’s duty to protect all incarcerated people and promotes successful rehabilitation.
Inmates who have been diagnosed as transgender or intersex, as documented on the Medical Classification Chrono, shall be referred to a classification committee for review of all case factors and determination of appropriate institutional placement and housing assignment. In order to ensure inmate-patients receive the necessary medical care/mental health treatment, transgender or intersex inmate-patients, to the maximum extent practical, shall be housed at the following institutions:
California Medical Facility (CMF)
Richard J. Donovan (RJD)
San Quentin State Prison (SQ)
Mule Creek State Prison (MCSP)
California Substance Abuse Treatment Facility (SATF)
California State Prison – Sacramento (SAC)
Salinas Valley State Prison (SVSP)
Correctional Institution for Men (CIM)
Kern Valley State Prison (KVSP)
California Men’s Colony
California Health Care Facility
Central California Women’s Facility (CCWF)
California Institution for Women (CIW)
Folsom Women’s Facility
In cases where an inmate-patient has multiple case factors which make it difficult to house them in one of the above listed institutions, a case conference consisting of Health Care Placement Oversight Program, Classification Services Unit, California Correctional Health Care Services, and Population Management Unit staff, shall be conducted to determine the most appropriate level of care/institution suitable for housing consistent with the inmate-patient’s case factors.
On a bi-annual basis, Division of Adult Institutions (DAI) staff will send each PREA Compliance Manager (PCM) a list of identified transgender and intersex inmates, as known to the Department.
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If an inmate is due to be seen for his/her annual classification review during the identified review period (August through January or February through July), the assigned caseworker will ask the inmate about any threats they have received during the pre-committee interview. In addition to interviewing the inmate, the assigned caseworker shall review the inmate’s case factors in SOMS and ERMS for any additional information, which may indicate the inmate, has any placement or programming concerns. After the annual review is completed, the assigned caseworker will document his/her actions, as they relate to the PREA Biannual Assessment, in the Classification Committee Chrono.
If the inmate is not scheduled to be seen for his/her annual classification review during the identified review period (August through January or February through July), the assigned caseworker shall conduct a Transgender Biannual Assessment-PREA and complete a pre-formatted CDC Form 128-B, General Chrono. This form includes information to be asked of the inmate during a face-to-face interview to assess any threats to their safety. In addition to interviewing the inmate, the assigned caseworker shall review the inmate’s case factors in SOMS and ERMS for any additional information, which may indicate the inmate, has any placement or programming concerns.
If, during the interview for either the annual review or the Transgender Biannual Assessment-PREA, the inmate discloses threats to safety, the assigned caseworker shall immediately notify a Custody Supervisor. Any information related to a PREA allegation shall be documented and forwarded to the institution’s Locally Designated Investigator according to the DOM, Article 44, Prison Rape Elimination Policy.
LOCAL
The housing placement of gay, bisexual, gender non-conforming, intersex, or transgender inmates will be based on the findings of PMB (Population Management Bureau) Classification, the [REDACTED TEXT] Processing Detail, and the Gender Identity Review Board. If it has been determined an inmate will be classified as a [REDACTED TEXT], they shall be housed separately from the general jail population at a designated, exclusive, housing location and may only be housed with other [REDACTED TEXT] inmates unless other factors regarding their classification preclude them from being housed there.
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For inmates who are temporarily housed at a station jail, Department personnel shall use the Station Jail Inmate Classification Questionnaire (SH-R-456) and the Arrestee Medical Screening Form (SH-R-422) to determine placement inside the station jail until that inmate is released or transferred.
Additional Los Angeles Policy: Los Angeles County Sheriff’s Department, 5-09/560.00, Interactions with Transgender and Gender Non-Conforming Persons, accessed on Oct. 24, 2023.
II. Procedures:
A. Intake
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2. At the time of intake, the JHS (Jail Health Services) triage member will ask each arrestee the following questions as part of their intake medical triage and will share it with the SFSD booking sworn employee as needed:
a. What is your gender identity?
b. What was your sex / gender at birth?
c. If the answers to the questions above so indicate, the next question asked will be:
i. Will you complete a voluntary Statement of Preference form to assist the SFSD in correctly classifying / housing you for your safety?
ii. If the answer is yes, the form will be provided to the arrestee to complete at booking and a sworn employee will assist the arrestee in its completion.
C. Intake housing
1. TGN (transgender, gender variant, and non-binary) arrestees awaiting further processing will be placed in holding cells alone, or with other appropriate TGN inmates, whichever is deemed safest by the Watch Commander, until they are housed.
2. All inmates shall be issued clothing consistent with their preferred gender identity and / or expression.
3. The Classification Unit will review the Statement of Preference form and consider the housing preference of the arrestee when making the initial housing assignment.
a. A Classification Unit sworn employee will consult with the on-duty County Jail #2 watch commander to determine the best initial housing placement taking the following into consideration:
i. Preference of the inmate
ii. Availability of appropriate preferred housing where privacy for showering can be ensured.
iii. Other classification considerations, including but not limited to: health requirements; psychiatric requirements; behavioral history; criminal sophistication; gang affiliation; assaultive and / or violent history.
b. In the event the housing preference is not followed due to one or more of the above reasons, the supervisor will ensure there is a complete notation made on the Field Arrest / Housing card as well as information entered into the Classification section of JMS (Jail Management System). This will also include the alternative housing location where the inmate was housed.
c. In the event the facility is able to place the individual according to the expressed preference, that information will be noted on the back of the Field Arrest / Housing Card and entered into the Classification section of JMS system.
d. When it is determined that a person is not suitable for the individual’s preferred housing, that information will be forwarded to the Chief Deputy of the Custody Operations Division for a follow-up review.
D. Post arraignment housing
1. Classification housing interviews will take place after the first court appearance but no later than 72 hours after booking, excluding weekends or holidays or sooner if it is determined that the inmate will remain in custody.
2. Classification interviews will consist of the PREA questions required for safe housing.
a. If a TGN person expresses a preference for housing designated for men or women that should be considered as one component of the decision making process by the Classification Unit
b. If a TGN inmate expresses a preference for housing with other TGN individuals that should be considered as one component of the decision making process by the Classification Unit
c. TGN individuals shall be given equal access to programming and educational opportunities as available at the jail where they are housed.
3. The Classification Unit will conduct an interview with the TGN individual to assess that individual’s placement preference, security and safety needs. The following questions may be asked:
a. Are you, or have you been perceived to be gay, lesbian, bisexual, transgender, non-binary, intersex or gender variant?
b. Have you ever been sexually victimized?
c. In what type of cell / bed would you prefer to be placed? Why?
d. In what type of cell / bed do you think you will be safest? Why?
4. The Classification Review Board shall convene when a discrepancy arises between the inmate’s housing preference and the assessment of the Classification Unit related to a TGN placement in either male or female housing units.
5. The representative from JHS on the Classification Review Board will record and provide the answers to these questions as well as other appropriate information to the Classification Review Board to assist them in making a determination.
6. All inmates whose case is under review have the right to meet and speak to the Classification Review Board.
7. The Classification Review Board will make a housing determination that will take the following into consideration:
a. Preferences and requests made by the inmate
b. Safety or security concerns as documented by Classification and / or the facility commander.
8. The housing determination of the Classification Review Board will be thoroughly considered by the Chief Deputy of the Custody Operations Division who will make the final housing decision.
a. An appeal of the Chief Deputy’s decision, may be made in writing to the Assistant Sheriff and then to the Undersheriff.
b. An appeal of the Undersheriffs decision may be made in writing to the Sheriff.
9. The decision of the Board will be carefully documented per procedure and the Classification Unit Commander or designee will be directed to take the action instructed by the Chief Deputy of the Custody Division or designee.
a. If not in agreement, the inmate will be informed of the right to appeal a decision of the Board in writing through the identified liaison to the Assistant Sheriff, then the Undersheriff with the final decision standing with the Sheriff.
b. An inmate may request a representative from the Human Rights Commission to represent them before the Board.
10. Within the first 15 days of being given a housing determination, a TGN person in custody will be interviewed by JBHS, in as private a setting as possible, about any safety concerns they may have with their placement, and will be asked again in which housing and classification assignment they feel they would be safest.
11. A TGN person in custody will be offered an optional follow-up interview every 60 days, in as private a setting as possible, to identify any problems related to their housing or classification assignment and any need to reconsider. An interview and reassessment of housing or classification assignment shall also be conducted immediately if a TGN individual indicates they feel unsafe in their current housing or classification assignment or there is evidence they may be unsafe in their current housing or classification assignment.