Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that authorizes incarcerated transgendered individuals to be housed according to their gender identity.

Highlights:

• Requires the Department of Corrections and Rehabilitation to clarify with each individual entering into their custody each of the following specifications, during the initial intake and classification process (Sec 3):

• The individual’s gender identification as either female, male, or nonbinary;

• Whether or not the individual also indentifies as either transgender, nonbinary, or intersex; and

• The individual’s preferred gender pronouns and honorific.

• Prohibits the enactment of any punishment upon the incarcerated individual for not disclosing the above information (Sec 3).

• Specifies that the incarcerated individual may, at any time, inform the correctional officers of their preferred gender identity and requires that the above clarification process be repeated in full (Sec 3).

• Requires that all Department staff, contractors, and volunteers address the incarcerated individual by their preferred gender pronouns (Sec 3).

• Defines “honorific” as the form of respectful address usually used before the individual’s surname (Sec 3).

• Requires that each individual be lawfully searched according to the search policy of their preferred gender identity (Sec 4).

• Requires the Department to place each incarcerated individual in the facility designated for their preferred gender identity, including, presuming eligibility, a residential program under the jurisdiction of the Department (Sec 4).

• Specifies that if the Department has any security or management concerns with the search for housing requirements associated with the incarcerated individual’s preferred gender identity, the Secretary of the Department may shall write a specific and articulate basis for the reasoning the Department is unable to accommodate this housing or security preference, but prohibits the Department to deny any such preferences before enumerating their reasoning (Sec 4).

• Prohibits the Department from denying incarcerated individuals’ search preferences or housing placements for any discriminatory reasons, including, but not limited to (Sec 4):

• The anatomy, genitalia, or other physical characteristics of the individual;

• The sexual orientation of the individual; or 

• A denial of housing preference, a present factor among others abiding within the designated preferred facility.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes incarcerated transgendered individuals to be housed according to their gender identity.

Highlights:

• Requires the Department of Corrections and Rehabilitation to clarify with each individual entering into their custody each of the following specifications, during the initial intake and classification process (Sec 3):

• The individual’s gender identification as either female, male, or nonbinary;

• Whether or not the individual also indentifies as either transgender, nonbinary, or intersex; and

• The individual’s preferred gender pronouns and honorific.

• Prohibits the enactment of any punishment upon the incarcerated individual for not disclosing the above information (Sec 3).

• Specifies that the incarcerated individual may, at any time, inform the correctional officers of their preferred gender identity and requires that the above clarification process be repeated in full (Sec 3).

• Requires that all Department staff, contractors, and volunteers address the incarcerated individual by their preferred gender pronouns (Sec 3).

• Defines “honorific” as the form of respectful address usually used before the individual’s surname (Sec 3).

• Requires that each individual be lawfully searched according to the search policy of their preferred gender identity (Sec 4).

• Requires the Department to place each incarcerated individual in the facility designated for their preferred gender identity, including, presuming eligibility, a residential program under the jurisdiction of the Department (Sec 4).

• Specifies that if the Department has any security or management concerns with the search for housing requirements associated with the incarcerated individual’s preferred gender identity, the Secretary of the Department may shall write a specific and articulate basis for the reasoning the Department is unable to accommodate this housing or security preference, but prohibits the Department to deny any such preferences before enumerating their reasoning (Sec 4).

• Prohibits the Department from denying incarcerated individuals’ search preferences or housing placements for any discriminatory reasons, including, but not limited to (Sec 4):

• The anatomy, genitalia, or other physical characteristics of the individual;

• The sexual orientation of the individual; or 

• A denial of housing preference, a present factor among others abiding within the designated preferred facility.

Full Bill Text