SB 132 gives biological male inmates the right to self-declare a female gender identity and request transfer to a women’s prison, but the report indicated that due to “the absence of clear training and criteria, there appears to be a presumption of transfer,” which is “concerning given the serious challenges to safety based on institution type and staffing.” The Moss Group report acknowledges the difference in male and female offending patterns, noting that while “there may be similar crimes or institutional misconduct findings present in a women’s institution, there may also be distinctions between the scope and scale of those crimes and behaviors." “Indications of a current risk of gender-based violence should be considered a key management and security concern. This is especially important considering the housing and supervision needed to manage such risks.” The report also highlights the imbalance of power created by allowing biological males to have women rehoused based on health and safety issues when that same ability does not appear to be extended to female inmates. “SB 132, Section 4, 2606 (a)(4) allows a transgender person to remove other individuals from a room if safety concerns are expressed. While all housing decisions should be predicated upon safety, this practice creates inconsistency and a perceived imbalance of power in the population,” reads the report. “Incarcerated individuals who refuse a cell assignment face disciplinary action. For instance, in practice, if a cisgender woman raises personal safety concerns about having a transgender woman in the room, it was reported by staff and incarcerated individuals that she would be written up and removed from the room.” To be written up means to receive a disciplinary write-up which could lead to time spent in "administrative segregation,” which the Twitter account @womenarereals describes as the newer, “gentler” form of solitary confinement.
Beginning in Jan 2021 California allowed incarcerated men to be housed in women’s prisons and gave men a right to insist their bodies be searched by female staff (regardless of whether female staff felt comfortable with this). The requests of these men could not be denied based… https://t.co/IViAnCG1zp— WomenAreReal (@WomenAreReals) March 4, 2023
However, the report frames this as being harmful to the biological males housed in the women’s estate, rather than the women who are being disciplined for expressing their fear of being housed with males. “This process has had a significant impact on all of the women in the institution. For some, housing stability was disrupted. This often evoked fear on the part of cisgender women and rejection of transgender women triggering a cycle of anger, divisiveness, and loss,” says the report. “These dynamics were at times activated by myths, anxiety or fear, and other times by misperceptions and misunderstanding.” The CDRC website explains why inmates are no longer housed based upon the material reality of their sexed body but rather based upon self-declared gender identity. California state law “prohibits discrimination based on gender, including gender identity,” and the “federal Prison Rape Elimination Act (PREA) expressly prohibits housing decisions based solely on an incarcerated person’s external genitalia.” In other words, in order to prevent rapes from occurring in federal prisons, male criminals are permitted to self-declare as female and be housed in women’s prisons. Read more at: ThePostMillennial.com
For my final example (and truly the report is a goldmine please someone more knowledgeable than me read and tweet your own findings. I just have to go to sleep.) let’s talk about bed or cell assignments. In prison you have no agency. You generally have no control over where you… https://t.co/a7kr87Nepe— WomenAreReal (@WomenAreReals) March 4, 2023
By Arsenio Toledo // Share
By Arsenio Toledo // Share