Requires prisons and jails to use stated pronouns

Existing law establishes the right of a person under the jurisdiction of the Department of Corrections and Rehabilitation or sentenced to county jail to petition the court to obtain a name or gender change. Existing law requires the department or county jail to use the new name of a person who obtains a name change in all documentation of the person, and to list the prior name only as an alias.

This bill would additionally require that in all verbal communications to or regarding a person under the jurisdiction of the department or imprisoned within a county jail, department staff, facility staff, and contractors use the new name of a person who has obtained a name change.

Existing law requires the Department of Corrections and Rehabilitation to consider certain factors in their inmate classification and housing assignment procedures to prevent sexual violence and promote inmate safety.

This bill would require that during the initial intake and classification process, the department afford each individual entering into custody an opportunity to specify the person’s gender identity, preferred first name, gender pronoun, and honorific, as defined, and would require that a person in the custody of the department who is placed for more than 5 days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person’s own alleged violation of criminal laws or institutional rules, have equal access to programs and work opportunities, as provided, to the fullest extent possible, to individuals housed in general population, as specified. The bill would require the department to annually report to the Legislature, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review on its progress towards providing equal access to programs and work opportunities, as specified. The bill would require that staff and contractors of the department consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual.

Existing law requires inmate housing in jails to use a classification procedure that is based upon objective criteria, including consideration of criminal sophistication, seriousness of crime charged, presence or absence of assaultive behavior, age, and other criteria that will provide for the safety of the prisoners and staff.

This bill would require that during the initial intake and classification process, the jail staff afford each individual entering into custody an opportunity to specify the person’s gender identity, preferred first name, gender pronoun, and honorific, as defined, and would require that a person in the custody of a county jail who is placed for more than 5 days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person’s own alleged violation of criminal laws or institutional rules, have equal access to programs and work opportunities as provided to individuals housed in general population, as specified. The bill would require that staff and contractors of the jail consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual. By imposing additional duties on local law enforcement entities, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.