Legislation Year: 2020
SB 132 addresses a very real problem facing incarcerated transgender individuals, namely, transgender people being housed according to their birth-assigned gender, not their gender identity or perception of safety, resulting in significant risk of violence. Transgender women housed in male facilities face particular risk of rape and assault. SB 132 will change state law to require incarcerated transgender people in the custody of the Department of Corrections and Rehabilitation be classified and housed based on their gender identity, unless the incarcerated person’s evaluation of their own safety is that another housing placement is safest. SB 132 also requires that the preferred first name, gender pronoun and honorific of the incarcerated individual be used by facility staff in all written and verbal communications. By housing incarcerated transgender people based on their gender identity or perception of health and safety, transgender people will be housed in institutions that decrease their likelihood of experiencing targeting and violence, and they will have access to the programming and work opportunities that will best promote and support their health and safety.
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