{"id":912,"date":"2020-12-08T16:04:06","date_gmt":"2020-12-09T00:04:06","guid":{"rendered":"https:\/\/www.cdcr.ca.gov\/prea\/?page_id=912"},"modified":"2025-02-26T10:17:46","modified_gmt":"2025-02-26T18:17:46","slug":"sb-132-faqs","status":"publish","type":"page","link":"https:\/\/www.cdcr.ca.gov\/prea\/sb-132-faqs\/","title":{"rendered":"Senate Bill 132 FAQs"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\" id=\"housing-and-searching-incarcerated-people-consistent-with-their-gender-identify\"><strong>Housing and Searching Incarcerated People Consistent with their Gender Identity<\/strong><\/h2>\n\n\n\n<h3 class=\"wp-block-heading\" id=\"background\"><strong>Background:<\/strong><\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Senate Bill 132,\u00a0<em>The Transgender Respect, Agency and Dignity Act<\/em>, became effective on Jan. 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.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">CDCR is committed to providing a safe, humane, respectful and rehabilitative environment for all incarcerated people, including the transgender, non-binary and intersex community, and is working to implement the law.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">CDCR updates its SB 132 data monthly and publishes it on its website (<a href=\"https:\/\/www.cdcr.ca.gov\/research\/office-of-research-sb-132-reports\/\">Office of Research \u2013 SB 132 Reports \u2013 Office of Research<\/a><\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\"><em><strong>Usage tip: <\/strong>click FAQ titles to expand content. Any content that is expanded can be printed. <\/em><\/p>\n\n\n<div class=\"accordion\">\n\t\n<button class=\"accordion-header\" type=\"button\">Why is CDCR housing transgender people based on their gender identity?<\/button>\n<div class=\"accordion-content\">\n\t\n\n<ul class=\"wp-block-list\">\n<li>State law prohibits discrimination based on gender, including gender identity.<\/li>\n\n\n\n<li>Senate Bill 132, 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.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">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\u2019s duty to protect all incarcerated people and promotes successful rehabilitation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Who will decide if an incarcerated person can be housed based on their gender identity?<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All requests for housing based on gender identity are reviewed by a multi-disciplinary classification committee chaired by a Warden and made up of custody, medical and mental health care staff, and a PREA Compliance Manager. This committee will review all case factors and the individual\u2019s history to make a recommendation for approval or disapproval of the request. If approved, the incarcerated person will be transferred to a male or female institution consistent with their gender identity. If disapproved, notification is given to the incarcerated person who has up to 60 days to file a grievance of the decision. If grieved, it will be referred to the Departmental Review Board for a decision regarding housing in a male or female institution. If there is new information, the request will be reevaluated by the classification committee.<strong><\/strong><\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>How are gender-based housing requests evaluated?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">Evaluating gender-based housing requests is part of CDCR\u2019s existing case-by-case classification process used for all incarcerated people. It includes a review of an incarcerated person\u2019s central file, various reports, and a thorough review of their history prior to and during incarceration; their crime, arrest and criminal history; trial and sentencing documentation; medical and mental health needs; custody level; time to serve; safety concerns and other factors including security and program needs. Medical and mental health care staff members are part of this process. Findings are then presented to the Institutional Classification Committee (ICC) to assist them in determining the incarcerated person\u2019s housing, security level, custody requirements and program needs. This process varies with each incarcerated person.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In addition, PREA standards require that all incarcerated people be assessed during intake and when they transfer to another institution, and that this screening information be used in housing assignments. Information documented includes their age, disabilities, gender identity, personal and criminal history, prior incarcerations, prior incidents of victimization either in custody or in the community, and convictions for sex offenses. Based on the information gathered in the PREA Screening Tool, an incarcerated person will be given one of three designations: at risk as a victim, at risk as an abuser, or not identified as being at risk. For example, individuals at risk as a victim cannot be housed in a cell with an individual identified as being at risk as an abuser.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">CDCR may deny a housing request based on management or security concerns. However, CDCR must give serious consideration to the perceptions of health and safety of the person making the request, and under no circumstances can the denial be based on any discriminatory reason, including anatomy, physical characteristics, and sexual orientation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Is the placement to an institution in accordance with an incarcerated person\u2019s gender identity automatic upon their request?<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">No. All placement requests will go through an in-depth review prior to approval or denial. The department may deny a housing request based on management or security concerns. However, CDCR must give serious consideration to the perceptions of health and safety of the person making the request.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>Have there been assaults by transgender women on cisgender women?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">CDCR\u2019s reporting mechanisms do not track assaults by gender identity. All staff receive training on Prison Rape Elimination Act (PREA) protocols and\u00a0<a href=\"https:\/\/www.cdcr.ca.gov\/prea\/\">PREA<\/a>\u00a0data is reported; however, the data is tracked by institution and not by gender identity. CDCR\u2019s\u00a0<a href=\"https:\/\/www.cdcr.ca.gov\/research\/compstat\/\">COMPSTAT reports<\/a>\u00a0include the number of assaults and batteries.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Could implementing this policy result in pregnancy?<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The possibility of pregnancy was considered in the development of this policy. CDCR has existing policies and procedures related to pregnancy. Sexual acts are prohibited in prison and will result in disciplinary and\/or legal action. Housing placement will be addressed using the PREA Screening Tool and on a case-by-case basis, taking all case factors into consideration.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>Are condoms provided in female institutions?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/codes.findlaw.com\/ca\/penal-code\/pen-sect-6500.html\" target=\"_blank\" rel=\"noreferrer noopener\">Penal Code 6500<\/a>, which went into effect in 2015, required CDCR to expand the availability of condoms in all state prisons, including female institutions. In female institutions, condoms are made available to the population for family (overnight) visits and to women when they are released from prison after completing their sentences. Per regulations, incarcerated people are strictly forbidden \u2013 with the exception of permitted family visiting \u2013 from engaging in sexual activity, and may face disciplinary and\/or legal action.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Is there a risk that cisgender men will falsely claim to be transgender women in order to be housed with women?<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">CDCR has a multi-disciplinary team of staff in place to review all gender-based housing preference requests. Custody, medical and mental health staff as well as a PREA Compliance Manager will be involved in every assessment of a request to be housed in a facility that matches a person\u2019s gender identity. CDCR has the ability to deny a request based on management or security concerns.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>How does CDCR determine if an incarcerated person is transgender?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">CDCR does not determine an incarcerated person\u2019s gender identity. Every incarcerated person self-identifies. When a person first arrives to a CDCR institution or upon transfer, pursuant to SB 132, the individual will be asked if they identify as transgender, non-binary or intersex. This self-identification will guide the process of requesting to be searched and\/or housed according to gender identity.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>Does a transgender person have to have gender-affirming surgery to be housed at an institution that matches their gender identity?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">No. All housing for incarcerated people is evaluated on a case-by-case basis, which includes their criminal history, behavior, rehabilitation opportunities, medical and psychiatric needs, program needs as well as their safety and security. If an incarcerated person requests housing different from their current assignment (e.g. a transgender woman requesting housing in a female institution), they can make that request to their assigned correctional counselor. That request will be considered as part of CDCR\u2019s classification process.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>Are transgender people required to be on hormones if they want to be housed in an institution that corresponds with their gender identity?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">No. The decision whether or not to take hormones does not impact eligibility to be housed according to one\u2019s gender identity.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>Why can\u2019t CDCR designate a facility specifically for transgender people?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">Establishing a facility solely for housing transgender people would be a violation of the national Prison Rape Elimination Act (PREA) Standard, 28 Code of Federal Regulations (CFR), Section 115.42(g), which states in part, \u201cThe agency shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>Will a transgender person be housed in a cell with a cisgender person?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">Transgender and cisgender people are currently being housed together and will continue to be housed together when appropriate. Housing decisions are always made on a case-by-case basis, using screening criteria and taking into consideration all case factors.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>What accommodations will a non-binary incarcerated person be given?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">Incarcerated non-binary people receive the same accommodations as transgender people.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>Once an incarcerated person is approved for housing based on gender identity, can that approval be rescinded?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">Yes, like any other housing decision, an incarcerated person who was previously approved for housing based on gender identity can have that approval rescinded if staff believe management or security concerns require a different housing placement. Any recommendation to rescind an approval for housing based on gender identity is reviewed by a classification committee. A decision by the classification committee can be appealed by the incarcerated person. If grieved, it will be referred to the Departmental Review Board for a final decision regarding housing in a male or female institution.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>What if an incarcerated person who was previously approved for housing based on gender identity changes their mind?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">After an incarcerated person has been assigned permanent housing at an institution consistent with their gender identity, they may find this change is not what they expected or is creating other concerns for them. If that person no longer wants to be housed based on their gender identity, they will submit their request according to policy and their case will be reviewed by a classification committee.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>Can an incarcerated person, housed at an institution that does not match their gender identity, be searched by staff of a different gender?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">Yes. All incarcerated people who are transgender, non-binary or intersex can request to be searched in a manner consistent with their gender identity or according to the existing search policies of the gender designation of the facility where they are housed. In exigent circumstances, any staff member may conduct a clothed search of any incarcerated person consistent with the gender designation of the facility. However, based on the transgender person\u2019s approved search preference, CDCR will accommodate the request. If the incarcerated individual\u2019s preference or gender identity cannot be determined, the search is to be conducted according to the gender designation of the facility where they are housed.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>Is CDCR the first prison system to allow incarcerated people to be housed based on their gender identity?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">No, California is not the first prison system to house incarcerated people based on their gender identity. There are federal, state, and local correctional agencies housing individuals based on their gender identity. CDCR consulted with other agencies and reviewed their policies and procedures in the development of its policy.<\/p>\n\n<\/div>\n\n\n<button class=\"accordion-header\" type=\"button\"><strong>What is included in The Moss Group, Inc. report to CDCR regarding housing for transgender, non-binary and intersex people?<\/strong><\/button>\n<div class=\"accordion-content\">\n\t\n\n<p class=\"wp-block-paragraph\">To ensure successful continued implementation of SB 132, CDCR signed a contract with The Moss Group, Inc., a Washington, D.C.-based, nationally renowned criminal justice consulting firm, in October 2021 to provide long-term policy recommendations. The full report can be accessed here:\u00a0<a href=\"https:\/\/www.cdcr.ca.gov\/prea\/wp-content\/uploads\/sites\/186\/2023\/03\/Final-SB132-CDCR-Assessment-Report_ADA.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">https:\/\/www.cdcr.ca.gov\/prea\/wp-content\/uploads\/sites\/186\/2023\/03\/Final-SB132-CDCR-Assessment-Report_ADA.pdf<\/a><\/p>\n\n<\/div>\n\n<\/div>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Housing and Searching Incarcerated People Consistent with their Gender Identity Background: Senate Bill 132,\u00a0The Transgender Respect, Agency and Dignity Act, [&hellip;]<\/p>\n","protected":false},"author":13,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"hide_featured_image_on_mobile":false,"hide_featured_image_on_post_details":false,"footnotes":""},"class_list":["post-912","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.8 - 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