Senate Bill 132, known as the The Transgender Respect, Agency and Dignity Act, is a new California law that allows nonbinary, intersex, or transgender men and women the free choice of whether they go to male or female prison. The law went into effect on January 1, 2021. Oh the possibilities!!
Even current prison inmates in California can be transferred to a male or female prison at their request.
By the way, The Prison Rape Elimination Act (PREA) also gives the right for a prisoner to self identify whether they are transgender etc. and to be classified as such in the official prison system.
There have already been hundreds of transfer requests from California prisoners since Senate Bill 132 took effect. It is no surprise that 99% of those transfer requests have been “transgender” men seeking to go to women’s prison. Senate Bill 132 requires the California prison system to house inmates in a correctional facility designated for men or women based on the individual’s preference.
The United States Supreme Court recognized that incarcerated transgender individuals are particularly vulnerable to sexual abuse and sexual harassment in prison and that disregarding the known risks to a transgender person constitutes deliberate indifference in violation of the federal constitution.
Transgender men in California prisons also report high rates of sexual and gender-based violence, harassment, and discrimination. Prison rapes happen often all across the United States. Official data collected by the federal Bureau of Justice Statistics confirm that, nationwide, incarcerated transgender individuals experience exceptionally high rates of sexual victimization.
Prison rapes often go unreported, and most prison staff are not adequately trained or prepared to prevent, report, or treat inmate sexual assaults.
