California will house transgender inmates by gender identity

[Omaha Steve]

Source: AP

By ADAM BEAM

SACRAMENTO, Calif. (AP) — Gov. Gavin Newsom signed a law on Saturday requiring California to house transgender inmates in prisons based on their gender identity — but only if the state does not have “management or security concerns.”

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. Advocates say this is dangerous, particularly for transgender women housed in facilities for men.

The law Newsom signed Saturday 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.



FILE - In this July 9, 2020 file photo, a correctional officer closes the main gate at San Quentin State Prison in San Quentin, Calif. On Saturday, Sept. 26, 2020, Gov. Gavin Newsom signed a law that requires the state to house transgender prisoners based on their gender identity. The law does have an exception for “management or security concerns.” (AP Photo/Eric Risberg, File)


Read more: https://apnews.com/article/prisons-gender-identity-california-gavin-newsom-archive-14cd954b06360d21349b77233318369e

[cabot]

1. Sorry - I don't agree with this

Prisoners with penises don't belong in women's prisons. There is enough violence against biological women, or cisgendered women, in prison as it is. I'm all for transgender women to be placed in female prisons if they've had reassignment surgery...but safety is paramount, I think.

One rape is one rape too many.

https://news.wttw.com/2020/02/19/lawsuit-female-prisoner-says-she-was-raped-transgender-inmate

[FreeState]

6. Just graving a penis does not make you a monster

To associate these women’s penises as dangerous is transphobic to its core.

[ansible]

10. And what happens if a rape does occur?

Jesus Christ, lawyers are going to have a field day with this

[cabot]

11. There have been rapes

One in Illinois, a couple of instances in Canada, and several in the UK. If they want to be in women’s prisons and they still have penises, maybe they should be in their own wing of a woman’s prison.

And I can’t help but worry about transmen in male prisons. Their safety needs to be assured.

As someone who was raped, I am worried about people who may be victimized. I just want everyone to be safe in a place where safety isn’t guaranteed.

[FreeState]

14. What about the trans persons that are raped?

Or does their safety not count? Because its much higher than the cases you are pointing out.

https://transequality.org/sites/default/files/docs/resources/TransgenderPeopleBehindBars.pdf

In these settings, LGBTQ people are especially vulnerable to abuse and mistreatment, by both staff and other prisoners. According to federal data, transgender people are nearly ten times more likely to be sexually assaulted than the general prison population, with an estimated 40% of transgender people in state and federal prisons reporting a sexual assault in the previous year. In the same federal survey, prisoners who identified as LGB were approximately three times as likely to report sexual abuse as other prisoners. Just as in any other setting, sexual abuse behind bars can lead to post-traumatic stress disorder, depression, substance abuse, and other consequences that can take a heavy toll on survivors of sexual abuse, their families and communities, and the health and criminal justice systems.

[FreeState]

13. Many trans people are raped in prison

https://transequality.org/blog/ending-prison-rape-a-new-resource-for-lgbt-and-gender-nonconforming-people

Privilege that erases the issues of a minority is really not acceptable.

[cabot]

19. Any risk to trans or cis

Is unacceptable. End of. If you think there aren’t any male prisoners who would take advantage of self-I’d, I don’t know what to tell you.

I don’t think it is smart to integrate penised and non-penised prisoners. Segregate them within the same prison...fine.

I’m concerned about the transmen with vaginas who will be put in with cis male convicts. Do you think they’ll be safe? Do you think cis male prisoners will say, we respect your gender identity? Be realistic.

I have said what I said. I was raped, I don’t want ANYONE to go through what I did. For the safety of everyone, it might be a good idea if pre-op transgender people are segregated from cis gender prisoners. If not, then any rape that happens is the fault of those who support self id in prisons.

[FreeState]

20. Your right the risk is unacceptable, however

First off I am sorry that you have had to go through this. No one should have to endure what you have endured.

My problem with your statement however is bring the issue down to genitals. People with vaginas rape people with vaginas as well. There are very few cases where a pre-opp transperson has raped someone in prison, unfortunately that is not true the other way around. Unless there is solitary confinement of all prisoners with no contact with staff its not likely to end either. Harm reduction means you get the harm down to the lowest possible outcome, including the harm to trans persons (be it sexual assault or imposing a gender no them that they do not identify as).

[cabot]

22. Thanks

I appreciate it. This is why I love DU. We can disagree respectfully. And thank you for sharing those links/articles. I like expanding my knowledge, even if my brain fights me on it sometimes.

We may have a disagreement on this particular issue, but I think we both can agree prisons need major overhauling so all prisoners - be they cis, trans, or non-binary - are safe. They may be prisoners, but they still have rights.

[janterry]

23. You are right

I've worked in the prisons

You are right. Self-id will be a nightmare in the prisons.

[janterry]

2. This could really backfire

here's a case in UK

https://www.theguardian.com/uk-news/2018/oct/11/transgender-prisoner-who-sexually-assaulted-inmates-jailed-for-life

[LanternWaste]

21. Seems your example is more indicative of the prison system as a whole

than it is an example of any specific demographic-based concern-- as 80,000 inmates were sexually abused in the US alone. So I'm not too sure what data your example would move in direction or the other.

[keithbvadu2]

4. How about a coed dorm for both?

How about a coed dorm for both?

Separate cells/rooms/wings.

Everyone should understand the situation.

[Withywindle]

7. People kneejerk with the usual transphobic myths about trans women being dangerous to cis women

And never spare a thought for the danger and violence that they experience when they're incarcerated with cis men.

(This isn't especially safe for trans men either - it's almost like cis men are doing most of the sexual violence! WOW)

[The Magistrate]

8. That Is Certainly True, Ma'am

To my mind that is the principal argument in favor of this policy.

[Withywindle]

12. "Biological urges" are not the cause of rape

and "biological urges" are also something ALL genders have. Do you really think cis women and trans men DON'T have "biological urges"?

[FreeState]

15. Trans people are 10% more likely to be abused than CIS gendered prisoners n/t

[Codeine]

16. "Biological urges"?

[demmiblue]

18. The fuck?!

[demmiblue]

17. +1