California prisons are now placing transgender inmates in the facilities of their identity preferences, which also allows them to have taxpayer-funded reassignment surgery in a welcoming environment, thanks to a law that went into effect in January.
The legislation states that incarcerated transgender individuals are vulnerable to sexual abuse, discrimination, and harassment and therefore require a safe environment in which they are able to “express their gender or to take medical, social or legal transition steps.” A California study found that transgender women have a 13-times higher rate of sexual assault than men in the same prison.
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“Gender transition is a deeply personal experience that may involve some combination of social transition, legal transition, medical transition, or none of these,” states the law, known as the Transgender Respect, Agency, and Dignity Act.
Between Jan. 1 and April 9, the California Department of Corrections and Rehabilitation has received 261 gender-based housing requests; 255 are from transgender women and nonbinary incarcerated people who are requesting to be housed in a female institution, and six are from transgender men and nonbinary incarcerated people who are requesting to be housed in a male institution.
The agency approved 21 requests; seven were transferred to Central California Women’s Facility, and two changed their minds. The remaining requests are still under review.
Requests are not automatically granted but rather must go through a review committee that includes the warden, medical and mental health staff, and custody officers, said CDCR deputy press secretary Terry Thornton.
California has 35 prisons, including three for women.
“CDCR’s classification process includes a thorough review of the incarcerated person’s 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,” Thornton said.
An inmate’s rap sheet and disciplinary record in prison are part of the process, she added.
The state will pay for surgery and any medical treatment for individuals who want to transition to another sex. This is consistent with the military and Veteran Affairs administration, which was ordered by President Joe Biden to start funding medical procedures, the Washington Examiner discovered.
California became the first state to fund such surgeries after a 2017 court settlement.
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“The Eighth Amendment of the US Constitution requires that prisons provide medically necessary treatment for prisoners’ medical needs based on medical considerations,” Thornton said. “This can include gender-affirming surgery.”
