The U.S. Department of Justice announced Thursday it has launched investigations into two California women’s prisons – Central California Women’s Facility in Madera County and the California Institution for Women in San Bernardino County – to determine if they unconstitutionally provided housing and preferential treatment to “biological male prisoners.” A similar investigation was also announced for the state of Maine.
Concerns Raised
Assistant Attorney General Harmeet Dhillon, head of the Justice Department’s Civil Rights Division, stated the investigations will focus on “widely reported allegations of deprivation of female prisoners’ rights.” The Department cited allegations of sexual assaults, rape, voyeurism, and a “pervasive climate of sexual intimidation” linked to the presence of males in women’s prisons.
The California Department of Corrections and Rehabilitation stated it is “committed to providing a safe, humane, respectful and rehabilitative environment for all incarcerated people.”
SB 132 and Housing Requests
According to data from March 4, 1,028 inmates housed in male prisons requested a transfer to female facilities under the provisions of SB 132. Of those requests, 47 were granted, 132 were denied, and 140 applicants “changed their minds.” 84 inmates requested transfers from women’s facilities to men’s facilities, with seven of those requests approved.
The Department of Justice indicated it has not reached any conclusions regarding the allegations. Dhillon stated the investigations are part of a “single-sex prisons initiative” and that the department is “very determined to ensure that no woman who’s incarcerated in the United States is subject to potential rape, sexual assault or other violations of her civil rights.”
Previous Legal Challenges and Reported Violence
Opponents of SB 132 previously sued, alleging the law created an unsafe environment for women. A federal court dismissed the case this month, but the plaintiffs plan to appeal. A 2007 UC Irvine study found that transgender inmates experience sexual assault at a rate 13 times higher than other inmates, with 59% reporting such encounters.
Frequently Asked Questions
What prompted the Justice Department’s investigations?
The investigations were prompted by “widely reported allegations of deprivation of female prisoners’ rights” and concerns about the presence of “biological male prisoners” in women’s prisons, according to the Department of Justice.
What is Senate Bill 132?
Senate Bill 132, signed into law in 2020, allows transgender, nonbinary, and intersex inmates in California to choose housing in either men’s or women’s facilities.
What is the Justice Department’s position on the allegations?
The Justice Department stated it “has not reached any conclusions regarding allegations in these matters” but is determined to protect the civil rights of incarcerated women.
As these investigations unfold, what role will the findings play in shaping future policies regarding housing and safety within correctional facilities?
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