Name and gender change: prisons and county jails.
The passage of SB310 modifies the California Code of Civil Procedure, specifically Section 1279.5. This bill specifically authorizes individuals under the jurisdiction of the Department of Corrections and Rehabilitation, as well as those sentenced to county jail, to petition the court for a name or gender change. It mandates that upon a successful petition, incarcerated individuals' new names must be used in relevant documentation, only listing their prior names as aliases. Additionally, the bill outlines that local agencies may receive state reimbursement for mandates related to this legislation, emphasizing potential financial implications.
Senate Bill 310 (SB310), authored by Senator Atkins, focuses on the rights of individuals incarcerated in state prisons and county jails to petition for changes to their name or gender. Traditionally, existing laws imposed strict limitations on such petitions. SB310 aims to eliminate these restrictions, allowing imprisoned individuals greater autonomy over their identity, beginning September 1, 2018. The bill reflects a shift towards recognizing the rights of marginalized populations within the correctional system.
The sentiment surrounding SB310 was largely supportive among advocates for inmate rights and LGBTQ+ activists, who view it as a necessary measure for equality and recognition of identity for incarcerated individuals. However, there may be chilling sentiments from those concerned about public safety, notably regarding provisions that designate requirements for sex offenders seeking name changes. While supporters laud the bill for humanizing a traditionally disenfranchised group, opponents express concerns about security implications and the potential challenges in ensuring judicial oversight.
Notable points of contention regarding SB310 arose around the specific exclusions for individuals requiring sex offender registrations. Under the new provisions, while most incarcerated individuals can pursue a name change, those who are registered as sex offenders face stricter scrutiny. Courts retain the authority to deny requests unless it is determined to be in the best interest of justice, highlighting tensions between identity rights and public safety.