Fortunately, in addition to being at the forefront of Criminal Justice Reform in general, by passing the historic SB 132 or the Transgender Respect, Agency, and Dignity Act, the California legislature has finally decided to act in addressing the issues that transgender, gender-nonconforming, and intersex people face while incarcerated. SB 132 was signed into law by Governor Newsom on September 26, 2020, and came into effect on January 1, 2021. The law was designed to ensure that transgender, gender-nonconforming, and intersex people are provided with a safe, humane, and dignified environment while incarcerated.

According to the findings in the bill, the rate of sexual assault in California’s prisons is 13 times higher for transgender women than for men in the same prisons. Moreover, another survey showed that, nationwide, 40 percent of incarcerated transgender individuals reported experiencing sexual victimization, compared to 4 percent for other incarcerated people. Furthermore, another survey showed that 38 percent of transgender women reported being harassed by correctional officers or staff.

Some of the key provisions of SB 132 require that during the initial intake process and in a private setting, the California Department of Corrections and Rehabilitation (CDCR) record the individual’s self-reported gender identity, whether the individual identifies as transgender, nonbinary, or intersex, and their preferred gender pronoun and honorific. The new law prohibits the CDCR from disciplining a person for refusing to answer or for not disclosing complete information in response to these questions. Some other notable provisions in the law include:

• Incarcerated individuals who are transgender, nonbinary, or intersex, have to be housed in a correctional facility designated for men or women based on the individual’s preference.
• Furthermore, if CDCR has management or security concerns with an individual’s search preference or preferred housing placement, before denying it, the CDCR Secretary, or his or her designee, must certify in writing a specific and articulable reason for why the department is unable to accommodate that search or housing preference.
• Importantly, under SB 132, CDCR cannot deny a search preference or housing placement based on any discriminatory reason, including the anatomy or sexual orientation of the incarcerated individual, or a factor present among other people incarcerated at their preferred type of institution.

There has been a lot of praise for SB 132, and the law has been an important step in providing a particularly vulnerable class of people with some dignity and protection. It is yet to be seen how successfully the CDCR implements the new law, however, SB 132 does provide a glimmer of hope for incarcerated transgender, nonbinary, and intersex people.

The law has not been without controversy and has come under fire by conservative groups and activists. On November 17, 2021, the Women’s Liberation Front filed a lawsuit on behalf of four incarcerated women asking the court to overturn SB 132 and declare it as unconstitutional. The lawsuit seems to be based on bogus rational and wild allegations, and the people behind the lawsuit do have a history of preventing transgender people from receiving basic rights. While the lawsuit is ongoing, SB 132 continues to be in effect and continues to provide a way for transgender people to feel safer and have the chance to be who they are while incarcerated.

If you believe that you or a loved one has been the subject of official misconduct, discrimination, or institutional sexual abuse or any type of sexual misconduct and would like to know more about your legal options, you can contact us today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

At the Justice Firm, our leading civil rights attorneys have decades of experience fighting for people whose rights have been violated and they can provide a safe environment where you can receive a compassionate and confidential case assessment.

The Eight Amendment to the United States Constitution protects inmates from cruel and unusual punishment. As a result, inmates are entitled to be housed in humane conditions. Furthermore, inmates are entitled to adequate mental and medical care, which for women include the right to prenatal and other necessary medical care, if they are pregnant, as well as postpartum care. Furthermore, female inmates have the right to refuse sterilization or any other birth control if they do not want it. Moreover, incarcerated individuals are entitled to freedom from discrimination, sexual harassment, the use of excessive force and assault, which includes sexual assault.

In 2003 the Prison Rape Elimination Act established a zero-tolerance policy for rape in any United States prison, which includes state as well as federal prisons. Unfortunately, sexual assault and rape in prisons across the United States continues to be a prevalent problem and countless inmates suffer as a result.

The recent revelations coming from the Central California Women’s Facility (CCWF) in Chowchilla, California, show how widespread staff-on-inmate sexual abuse continues to be to this day. The CCWF, is the largest female-only correctional facility in the United States and is operated by the California Department of Corrections and Rehabilitation (CDCR). Similar to other female-only facilities, the CCWF has been embroiled in allegations of sexual abuse for decades.

On December 28, 2022, the CDCR made the announcement that it has referred its internal investigation into one of CCWF’s now former correctional officers Gregory Rodriguez to the Madera County DA for charges of alleged sexual misconduct against inmates housed at CCWF.

Mr. Rodriguez had been employed as a correctional officer by the CDCR since September 1995, and served as a correctional officer at CCWF from September 2010 until August 25, 2022, when he retired as a result of the internal investigation.

The investigation itself began in July 2022, following the discovery of information that had indicated sexual misconduct by Mr. Rodriguez. CDCR’s Office of Internal Affairs (OIA) and the CCWF Investigative Service Unit (ISU) conducted the internal investigation, which identified more than 22 potential victims of Mr. Rodriguez.

The announcement by CDCR quoted Mike Pallares, the CCWF’s Acting Warden who oversaw the investigation stating, “Rodriguez shamefully hid behind his badge and used it to victimize a vulnerable population. That is one of the most abhorrent acts one can commit in a peace officer position and once my investigative team uncovered his wrongdoing, I referred it to the Madera County District Attorney’s Office for criminal prosecution. We look forward to him being held accountable to the furthest extent of the law.” Since making that statement, Paralles has stepped down as Acting Warden of CCWF amid revelations that he too had been accused of sexual harassment and misconduct in the past.

While the announcement made by the CDCR includes a statement that the CDCR takes allegations of sexual misconduct, harassment, and violence seriously, and vigorously enforces its “zero-tolerance policy for sexual violence, staff sexual misconduct and sexual harassment in its institutions”, the fact of the matter is that the CCWF has been plagued by allegations of sexual abuse and misconduct for a very long time.

As early as 1999, an investigation by the Los Angeles Times reported allegations of sexual misconduct by staff at the CCWF. Moreover, in August 2016, a report by the Prison Law Office, based on interviews with over 130 CCWF inmates, revealed that the facility has “incubated an institutional culture that permits, condones, and covers up abuse.” Moreover, the report reveals that CCWF staff engaged in physical and sexual abuse, harassment, and threatening of inmates, and that custody staff perpetuated “a culture of bigotry, sexual harassment and casual misogyny addressing women not by their names, but as “bitches,” “hos,” or “whores,” or with racial epithets.”

The presence of any abuse or sexual harassment or misconduct in any state prison is unlawful and deplorable. Moreover, under California law, incarcerated individuals cannot consent to any form of sexual contact with prison staff.

If you or a loved one has been the victim of sexual assault or any type of sexual misconduct in prison and would like to know more about your legal options, you can contact us today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

At the Justice Firm, our leading civil rights attorneys have decades of experience fighting for people whose rights have been violated and they can provide a safe environment where you can receive a compassionate and confidential case assessment.