Bill to Create Separate Housing Units For Transgender Women in Women’s Prisons Introduced

A bill to require the California Department of Corrections and Rehabilitation (CDCR) to establish separate housing units for transgender women within women’s prisons was formally introduced on Thursday following the bill being re-referred to the Senate Rules Committee.

Senate Bill 311, authored by Senator Shannon Grove (R-Bakersfield), would specifically require the CDCR to establish a secure facility at each women’s prison to house transgender women, in order to protect the security needs of biological women. SB 311 would also prohibit certain inmates convicted of specified sexual offenses from being housed at a women’s prison. In addition, inmate safety would be highlighted in the bill, creating a framework to improve prison safety for women, especially in regards to assaults, rapes and pregnancies among female inmates.

Senator Grove authored the bill following growing concerns over the housing policies in women’s prisons, especially with transgender inmates. As there are only a handful of requirements for male prisoners to transfer to women’s prisons as “transgender,” with gender affirming surgery not being among the requirements, issues of security and safety for female inmates has been raised. Grove noted that separate facilities at a prison would help ensure the safety of all inmates as well as to make sure that their individual needs are met. She also stressed that SB 311 would not allow any transgender prisoners into women’s prisons if they were convicted of certain sexual offenses under the Sex Offender Registration Act.

“SB 311 is a direct response to the alarming reality that women are being assaulted and raped in our California women’s prisons,” Senator Grove said in a statement Thursday.  “These bad actors are taking advantage of a policy that was intended to protect transgender inmates but is instead allowing any man to be transferred to a women’s facility simply by checking a box. By establishing secure housing, we can stop these horrific attacks, protect the most vulnerable, and restore a sense of security for women behind bars.”

The latest transgender bill

The bill was introduced with the backing of several women’s groups who expressed that biological female prisoners needed the extra protection in prisons.

“We are proud to stand behind SB 311, which takes a thoughtful and balanced approach to a complex issue,” added Woman II Woman Founder Amie Ichikawa. “This bill ensures that the safety and privacy of biological women are protected while providing transgender women with appropriate accommodations. It’s a step forward for fairness and security in our prisons.”

The issue dates back to late 2020 when Governor Gavin Newsom signed SB 132 into law. According to SB 132, it allows ” incarcerated transgender, non-binary and intersex people to be housed and searched in a manner consistent with their gender identity.” While the bill solved the problem of inmate violence against transgender prisoners by moving them to the prison of their gender identity, it opened the way for many prisoners of the opposite gender to easily go to the other prison. Cases of violence and rape by transgender prisoners to women in prison have already been recorded, with a major fix being needed. This hasn’t just been a California issue either, with several states and the federal level of prisons transferring trans inmates either to the prison of their gender identity or being sent to the one of their original gender. For many, SB 311 is the fix to the system that is needed in California.

If it passes both houses, SB 311 could also be signed by Governor Newsom. While a proponent of transgender rights for much of his Governorship, he has reversed some of those stances in recent months. Most notably, this included Newsom saying on his podcast that it was deeply unfair for transgender athletes to compete in girls sports.

SB 311 is currently expected to be heard in several Senate committees soon, with Senator Grove stressing that the bill is a common sense measure.

“This is about protecting vulnerable populations on all sides and ensuring our prisons operate with both compassion and common sense,” added Grove.