| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1464Introduced by Assembly Member MacedoFebruary 21, 2025 An act to amend Section 2606 of the Penal Code, relating to prisons. LEGISLATIVE COUNSEL'S DIGESTAB 1464, as introduced, Macedo. Housing preferences.Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires an individual incarcerated by the department who is transgender, nonbinary, or intersex, regardless of anatomy, to be housed at a correctional facility designated for men or women based on the individuals preference, except as specified for management or security concerns.This bill would require the department to deny a housing preference by an individual who is transgender, nonbinary, or intersex, regardless of anatomy, and require an individual to be housed in a facility consistent with the individuals anatomy, if the individual has been convicted of, or the department has credible evidence that the individual has committed, specific offenses, including, among others, rape or human trafficking, against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2606 of the Penal Code is amended to read:2606. (a) An individual incarcerated by the Department of Corrections and Rehabilitation who is transgender, nonbinary, or intersex, regardless of anatomy, shall:(1) Be addressed in a manner consistent with the incarcerated individuals gender identity.(2) If lawfully searched, be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individuals search preference. If the incarcerated individuals preference or gender identity cannot be determined, the search shall be conducted according to the gender designation of the facility where they are housed.(3) Be housed at a correctional facility designated for men or women based on the individuals preference, including, if eligible, at a residential program for individuals under the jurisdiction of the department. These programs include, but are not limited to, the Alternative Custody Program, Custody to Community Transitional Reentry Program, Male Community Reentry Program, or Community Prisoner Mother Program.(4) Have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed pursuant to paragraph (3) of subdivision (a) or subdivision (b), including, but not limited to, granting single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat from any location where they may have access to the individual who has expressed a safety concern. If, pursuant to this paragraph, the individual is not granted an alternative based on their perception of health and safety, the department shall document the reasons for that denial and share them with the individual.(b) If the Department of Corrections and Rehabilitation has management or security concerns with an incarcerated individuals search preference pursuant to paragraph (2) of subdivision (a) or preferred housing placement pursuant to paragraph (3) of subdivision (a), the Secretary of the Department of Corrections and Rehabilitation, or the secretarys designee, shall, before denying a search preference or housing the incarcerated individual in a manner contrary to the persons preferred housing placement, certify in writing a specific and articulable basis why the department is unable to accommodate that search or housing preference.(c) The Except as provided in subdivision (d), the Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following:(1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person.(2) The sexual orientation of the incarcerated person.(3) For a denial of a housing preference pursuant to paragraph (3) of subdivision (a), a factor present among other people incarcerated at the preferred type of facility.(d) The Department of Corrections and Rehabilitation shall deny a housing preference and shall require an individual to be housed in a facility consistent with the individuals anatomy if the individual has been convicted of, or the department has credible evidence that the individual has committed, any of the following offenses against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy:(1) Murder, as defined in Section 187.(2) Voluntary manslaughter, as defined in Section 192.(3) Mayhem, as defined in Section 203.(4) Robbery, as defined in Section 211.(5) Kidnapping, as defined in Sections 207, 209, 209.5, and 210.(6) Domestic violence, as defined in subdivision (e) of Section 243 and in Section 273.5.(7) Criminal threats, as defined in Section 422.(8) Rape or any other sexual offense enumerated in Section 290.(9) Human trafficking, as defined in Section 236.1.(10) Assault, as defined in Section 245.(11) Threats to victims or witnesses, as defined in Section 136.1(12) Any conspiracy to commit an offense described in this subdivision.(13) Any attempt to commit an offense described in this subdivision.(d)(e) The incarcerated individual shall receive a copy of the written statement described in subdivision (b) and, within a reasonable time following the individuals receipt of the statement, the Department of Corrections and Rehabilitation shall provide the individual with a meaningful opportunity to verbally raise any objections to that denial, and have those objections documented.(e)(f) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1464Introduced by Assembly Member MacedoFebruary 21, 2025 An act to amend Section 2606 of the Penal Code, relating to prisons. LEGISLATIVE COUNSEL'S DIGESTAB 1464, as introduced, Macedo. Housing preferences.Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires an individual incarcerated by the department who is transgender, nonbinary, or intersex, regardless of anatomy, to be housed at a correctional facility designated for men or women based on the individuals preference, except as specified for management or security concerns.This bill would require the department to deny a housing preference by an individual who is transgender, nonbinary, or intersex, regardless of anatomy, and require an individual to be housed in a facility consistent with the individuals anatomy, if the individual has been convicted of, or the department has credible evidence that the individual has committed, specific offenses, including, among others, rape or human trafficking, against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Assembly Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 1464 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Assembly Member MacedoFebruary 21, 2025 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Assembly Member Macedo |
|---|
| 18 | 18 | | February 21, 2025 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to amend Section 2606 of the Penal Code, relating to prisons. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | AB 1464, as introduced, Macedo. Housing preferences. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires an individual incarcerated by the department who is transgender, nonbinary, or intersex, regardless of anatomy, to be housed at a correctional facility designated for men or women based on the individuals preference, except as specified for management or security concerns.This bill would require the department to deny a housing preference by an individual who is transgender, nonbinary, or intersex, regardless of anatomy, and require an individual to be housed in a facility consistent with the individuals anatomy, if the individual has been convicted of, or the department has credible evidence that the individual has committed, specific offenses, including, among others, rape or human trafficking, against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires an individual incarcerated by the department who is transgender, nonbinary, or intersex, regardless of anatomy, to be housed at a correctional facility designated for men or women based on the individuals preference, except as specified for management or security concerns. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | This bill would require the department to deny a housing preference by an individual who is transgender, nonbinary, or intersex, regardless of anatomy, and require an individual to be housed in a facility consistent with the individuals anatomy, if the individual has been convicted of, or the department has credible evidence that the individual has committed, specific offenses, including, among others, rape or human trafficking, against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | ## Digest Key |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | ## Bill Text |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 2606 of the Penal Code is amended to read:2606. (a) An individual incarcerated by the Department of Corrections and Rehabilitation who is transgender, nonbinary, or intersex, regardless of anatomy, shall:(1) Be addressed in a manner consistent with the incarcerated individuals gender identity.(2) If lawfully searched, be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individuals search preference. If the incarcerated individuals preference or gender identity cannot be determined, the search shall be conducted according to the gender designation of the facility where they are housed.(3) Be housed at a correctional facility designated for men or women based on the individuals preference, including, if eligible, at a residential program for individuals under the jurisdiction of the department. These programs include, but are not limited to, the Alternative Custody Program, Custody to Community Transitional Reentry Program, Male Community Reentry Program, or Community Prisoner Mother Program.(4) Have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed pursuant to paragraph (3) of subdivision (a) or subdivision (b), including, but not limited to, granting single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat from any location where they may have access to the individual who has expressed a safety concern. If, pursuant to this paragraph, the individual is not granted an alternative based on their perception of health and safety, the department shall document the reasons for that denial and share them with the individual.(b) If the Department of Corrections and Rehabilitation has management or security concerns with an incarcerated individuals search preference pursuant to paragraph (2) of subdivision (a) or preferred housing placement pursuant to paragraph (3) of subdivision (a), the Secretary of the Department of Corrections and Rehabilitation, or the secretarys designee, shall, before denying a search preference or housing the incarcerated individual in a manner contrary to the persons preferred housing placement, certify in writing a specific and articulable basis why the department is unable to accommodate that search or housing preference.(c) The Except as provided in subdivision (d), the Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following:(1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person.(2) The sexual orientation of the incarcerated person.(3) For a denial of a housing preference pursuant to paragraph (3) of subdivision (a), a factor present among other people incarcerated at the preferred type of facility.(d) The Department of Corrections and Rehabilitation shall deny a housing preference and shall require an individual to be housed in a facility consistent with the individuals anatomy if the individual has been convicted of, or the department has credible evidence that the individual has committed, any of the following offenses against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy:(1) Murder, as defined in Section 187.(2) Voluntary manslaughter, as defined in Section 192.(3) Mayhem, as defined in Section 203.(4) Robbery, as defined in Section 211.(5) Kidnapping, as defined in Sections 207, 209, 209.5, and 210.(6) Domestic violence, as defined in subdivision (e) of Section 243 and in Section 273.5.(7) Criminal threats, as defined in Section 422.(8) Rape or any other sexual offense enumerated in Section 290.(9) Human trafficking, as defined in Section 236.1.(10) Assault, as defined in Section 245.(11) Threats to victims or witnesses, as defined in Section 136.1(12) Any conspiracy to commit an offense described in this subdivision.(13) Any attempt to commit an offense described in this subdivision.(d)(e) The incarcerated individual shall receive a copy of the written statement described in subdivision (b) and, within a reasonable time following the individuals receipt of the statement, the Department of Corrections and Rehabilitation shall provide the individual with a meaningful opportunity to verbally raise any objections to that denial, and have those objections documented.(e)(f) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | The people of the State of California do enact as follows: |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | ## The people of the State of California do enact as follows: |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | SECTION 1. Section 2606 of the Penal Code is amended to read:2606. (a) An individual incarcerated by the Department of Corrections and Rehabilitation who is transgender, nonbinary, or intersex, regardless of anatomy, shall:(1) Be addressed in a manner consistent with the incarcerated individuals gender identity.(2) If lawfully searched, be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individuals search preference. If the incarcerated individuals preference or gender identity cannot be determined, the search shall be conducted according to the gender designation of the facility where they are housed.(3) Be housed at a correctional facility designated for men or women based on the individuals preference, including, if eligible, at a residential program for individuals under the jurisdiction of the department. These programs include, but are not limited to, the Alternative Custody Program, Custody to Community Transitional Reentry Program, Male Community Reentry Program, or Community Prisoner Mother Program.(4) Have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed pursuant to paragraph (3) of subdivision (a) or subdivision (b), including, but not limited to, granting single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat from any location where they may have access to the individual who has expressed a safety concern. If, pursuant to this paragraph, the individual is not granted an alternative based on their perception of health and safety, the department shall document the reasons for that denial and share them with the individual.(b) If the Department of Corrections and Rehabilitation has management or security concerns with an incarcerated individuals search preference pursuant to paragraph (2) of subdivision (a) or preferred housing placement pursuant to paragraph (3) of subdivision (a), the Secretary of the Department of Corrections and Rehabilitation, or the secretarys designee, shall, before denying a search preference or housing the incarcerated individual in a manner contrary to the persons preferred housing placement, certify in writing a specific and articulable basis why the department is unable to accommodate that search or housing preference.(c) The Except as provided in subdivision (d), the Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following:(1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person.(2) The sexual orientation of the incarcerated person.(3) For a denial of a housing preference pursuant to paragraph (3) of subdivision (a), a factor present among other people incarcerated at the preferred type of facility.(d) The Department of Corrections and Rehabilitation shall deny a housing preference and shall require an individual to be housed in a facility consistent with the individuals anatomy if the individual has been convicted of, or the department has credible evidence that the individual has committed, any of the following offenses against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy:(1) Murder, as defined in Section 187.(2) Voluntary manslaughter, as defined in Section 192.(3) Mayhem, as defined in Section 203.(4) Robbery, as defined in Section 211.(5) Kidnapping, as defined in Sections 207, 209, 209.5, and 210.(6) Domestic violence, as defined in subdivision (e) of Section 243 and in Section 273.5.(7) Criminal threats, as defined in Section 422.(8) Rape or any other sexual offense enumerated in Section 290.(9) Human trafficking, as defined in Section 236.1.(10) Assault, as defined in Section 245.(11) Threats to victims or witnesses, as defined in Section 136.1(12) Any conspiracy to commit an offense described in this subdivision.(13) Any attempt to commit an offense described in this subdivision.(d)(e) The incarcerated individual shall receive a copy of the written statement described in subdivision (b) and, within a reasonable time following the individuals receipt of the statement, the Department of Corrections and Rehabilitation shall provide the individual with a meaningful opportunity to verbally raise any objections to that denial, and have those objections documented.(e)(f) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | SECTION 1. Section 2606 of the Penal Code is amended to read: |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | ### SECTION 1. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | 2606. (a) An individual incarcerated by the Department of Corrections and Rehabilitation who is transgender, nonbinary, or intersex, regardless of anatomy, shall:(1) Be addressed in a manner consistent with the incarcerated individuals gender identity.(2) If lawfully searched, be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individuals search preference. If the incarcerated individuals preference or gender identity cannot be determined, the search shall be conducted according to the gender designation of the facility where they are housed.(3) Be housed at a correctional facility designated for men or women based on the individuals preference, including, if eligible, at a residential program for individuals under the jurisdiction of the department. These programs include, but are not limited to, the Alternative Custody Program, Custody to Community Transitional Reentry Program, Male Community Reentry Program, or Community Prisoner Mother Program.(4) Have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed pursuant to paragraph (3) of subdivision (a) or subdivision (b), including, but not limited to, granting single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat from any location where they may have access to the individual who has expressed a safety concern. If, pursuant to this paragraph, the individual is not granted an alternative based on their perception of health and safety, the department shall document the reasons for that denial and share them with the individual.(b) If the Department of Corrections and Rehabilitation has management or security concerns with an incarcerated individuals search preference pursuant to paragraph (2) of subdivision (a) or preferred housing placement pursuant to paragraph (3) of subdivision (a), the Secretary of the Department of Corrections and Rehabilitation, or the secretarys designee, shall, before denying a search preference or housing the incarcerated individual in a manner contrary to the persons preferred housing placement, certify in writing a specific and articulable basis why the department is unable to accommodate that search or housing preference.(c) The Except as provided in subdivision (d), the Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following:(1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person.(2) The sexual orientation of the incarcerated person.(3) For a denial of a housing preference pursuant to paragraph (3) of subdivision (a), a factor present among other people incarcerated at the preferred type of facility.(d) The Department of Corrections and Rehabilitation shall deny a housing preference and shall require an individual to be housed in a facility consistent with the individuals anatomy if the individual has been convicted of, or the department has credible evidence that the individual has committed, any of the following offenses against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy:(1) Murder, as defined in Section 187.(2) Voluntary manslaughter, as defined in Section 192.(3) Mayhem, as defined in Section 203.(4) Robbery, as defined in Section 211.(5) Kidnapping, as defined in Sections 207, 209, 209.5, and 210.(6) Domestic violence, as defined in subdivision (e) of Section 243 and in Section 273.5.(7) Criminal threats, as defined in Section 422.(8) Rape or any other sexual offense enumerated in Section 290.(9) Human trafficking, as defined in Section 236.1.(10) Assault, as defined in Section 245.(11) Threats to victims or witnesses, as defined in Section 136.1(12) Any conspiracy to commit an offense described in this subdivision.(13) Any attempt to commit an offense described in this subdivision.(d)(e) The incarcerated individual shall receive a copy of the written statement described in subdivision (b) and, within a reasonable time following the individuals receipt of the statement, the Department of Corrections and Rehabilitation shall provide the individual with a meaningful opportunity to verbally raise any objections to that denial, and have those objections documented.(e)(f) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | 2606. (a) An individual incarcerated by the Department of Corrections and Rehabilitation who is transgender, nonbinary, or intersex, regardless of anatomy, shall:(1) Be addressed in a manner consistent with the incarcerated individuals gender identity.(2) If lawfully searched, be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individuals search preference. If the incarcerated individuals preference or gender identity cannot be determined, the search shall be conducted according to the gender designation of the facility where they are housed.(3) Be housed at a correctional facility designated for men or women based on the individuals preference, including, if eligible, at a residential program for individuals under the jurisdiction of the department. These programs include, but are not limited to, the Alternative Custody Program, Custody to Community Transitional Reentry Program, Male Community Reentry Program, or Community Prisoner Mother Program.(4) Have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed pursuant to paragraph (3) of subdivision (a) or subdivision (b), including, but not limited to, granting single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat from any location where they may have access to the individual who has expressed a safety concern. If, pursuant to this paragraph, the individual is not granted an alternative based on their perception of health and safety, the department shall document the reasons for that denial and share them with the individual.(b) If the Department of Corrections and Rehabilitation has management or security concerns with an incarcerated individuals search preference pursuant to paragraph (2) of subdivision (a) or preferred housing placement pursuant to paragraph (3) of subdivision (a), the Secretary of the Department of Corrections and Rehabilitation, or the secretarys designee, shall, before denying a search preference or housing the incarcerated individual in a manner contrary to the persons preferred housing placement, certify in writing a specific and articulable basis why the department is unable to accommodate that search or housing preference.(c) The Except as provided in subdivision (d), the Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following:(1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person.(2) The sexual orientation of the incarcerated person.(3) For a denial of a housing preference pursuant to paragraph (3) of subdivision (a), a factor present among other people incarcerated at the preferred type of facility.(d) The Department of Corrections and Rehabilitation shall deny a housing preference and shall require an individual to be housed in a facility consistent with the individuals anatomy if the individual has been convicted of, or the department has credible evidence that the individual has committed, any of the following offenses against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy:(1) Murder, as defined in Section 187.(2) Voluntary manslaughter, as defined in Section 192.(3) Mayhem, as defined in Section 203.(4) Robbery, as defined in Section 211.(5) Kidnapping, as defined in Sections 207, 209, 209.5, and 210.(6) Domestic violence, as defined in subdivision (e) of Section 243 and in Section 273.5.(7) Criminal threats, as defined in Section 422.(8) Rape or any other sexual offense enumerated in Section 290.(9) Human trafficking, as defined in Section 236.1.(10) Assault, as defined in Section 245.(11) Threats to victims or witnesses, as defined in Section 136.1(12) Any conspiracy to commit an offense described in this subdivision.(13) Any attempt to commit an offense described in this subdivision.(d)(e) The incarcerated individual shall receive a copy of the written statement described in subdivision (b) and, within a reasonable time following the individuals receipt of the statement, the Department of Corrections and Rehabilitation shall provide the individual with a meaningful opportunity to verbally raise any objections to that denial, and have those objections documented.(e)(f) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | 2606. (a) An individual incarcerated by the Department of Corrections and Rehabilitation who is transgender, nonbinary, or intersex, regardless of anatomy, shall:(1) Be addressed in a manner consistent with the incarcerated individuals gender identity.(2) If lawfully searched, be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individuals search preference. If the incarcerated individuals preference or gender identity cannot be determined, the search shall be conducted according to the gender designation of the facility where they are housed.(3) Be housed at a correctional facility designated for men or women based on the individuals preference, including, if eligible, at a residential program for individuals under the jurisdiction of the department. These programs include, but are not limited to, the Alternative Custody Program, Custody to Community Transitional Reentry Program, Male Community Reentry Program, or Community Prisoner Mother Program.(4) Have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed pursuant to paragraph (3) of subdivision (a) or subdivision (b), including, but not limited to, granting single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat from any location where they may have access to the individual who has expressed a safety concern. If, pursuant to this paragraph, the individual is not granted an alternative based on their perception of health and safety, the department shall document the reasons for that denial and share them with the individual.(b) If the Department of Corrections and Rehabilitation has management or security concerns with an incarcerated individuals search preference pursuant to paragraph (2) of subdivision (a) or preferred housing placement pursuant to paragraph (3) of subdivision (a), the Secretary of the Department of Corrections and Rehabilitation, or the secretarys designee, shall, before denying a search preference or housing the incarcerated individual in a manner contrary to the persons preferred housing placement, certify in writing a specific and articulable basis why the department is unable to accommodate that search or housing preference.(c) The Except as provided in subdivision (d), the Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following:(1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person.(2) The sexual orientation of the incarcerated person.(3) For a denial of a housing preference pursuant to paragraph (3) of subdivision (a), a factor present among other people incarcerated at the preferred type of facility.(d) The Department of Corrections and Rehabilitation shall deny a housing preference and shall require an individual to be housed in a facility consistent with the individuals anatomy if the individual has been convicted of, or the department has credible evidence that the individual has committed, any of the following offenses against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy:(1) Murder, as defined in Section 187.(2) Voluntary manslaughter, as defined in Section 192.(3) Mayhem, as defined in Section 203.(4) Robbery, as defined in Section 211.(5) Kidnapping, as defined in Sections 207, 209, 209.5, and 210.(6) Domestic violence, as defined in subdivision (e) of Section 243 and in Section 273.5.(7) Criminal threats, as defined in Section 422.(8) Rape or any other sexual offense enumerated in Section 290.(9) Human trafficking, as defined in Section 236.1.(10) Assault, as defined in Section 245.(11) Threats to victims or witnesses, as defined in Section 136.1(12) Any conspiracy to commit an offense described in this subdivision.(13) Any attempt to commit an offense described in this subdivision.(d)(e) The incarcerated individual shall receive a copy of the written statement described in subdivision (b) and, within a reasonable time following the individuals receipt of the statement, the Department of Corrections and Rehabilitation shall provide the individual with a meaningful opportunity to verbally raise any objections to that denial, and have those objections documented.(e)(f) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | 2606. (a) An individual incarcerated by the Department of Corrections and Rehabilitation who is transgender, nonbinary, or intersex, regardless of anatomy, shall: |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | (1) Be addressed in a manner consistent with the incarcerated individuals gender identity. |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | (2) If lawfully searched, be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individuals search preference. If the incarcerated individuals preference or gender identity cannot be determined, the search shall be conducted according to the gender designation of the facility where they are housed. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (3) Be housed at a correctional facility designated for men or women based on the individuals preference, including, if eligible, at a residential program for individuals under the jurisdiction of the department. These programs include, but are not limited to, the Alternative Custody Program, Custody to Community Transitional Reentry Program, Male Community Reentry Program, or Community Prisoner Mother Program. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (4) Have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed pursuant to paragraph (3) of subdivision (a) or subdivision (b), including, but not limited to, granting single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat from any location where they may have access to the individual who has expressed a safety concern. If, pursuant to this paragraph, the individual is not granted an alternative based on their perception of health and safety, the department shall document the reasons for that denial and share them with the individual. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (b) If the Department of Corrections and Rehabilitation has management or security concerns with an incarcerated individuals search preference pursuant to paragraph (2) of subdivision (a) or preferred housing placement pursuant to paragraph (3) of subdivision (a), the Secretary of the Department of Corrections and Rehabilitation, or the secretarys designee, shall, before denying a search preference or housing the incarcerated individual in a manner contrary to the persons preferred housing placement, certify in writing a specific and articulable basis why the department is unable to accommodate that search or housing preference. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (c) The Except as provided in subdivision (d), the Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following: |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (2) The sexual orientation of the incarcerated person. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (3) For a denial of a housing preference pursuant to paragraph (3) of subdivision (a), a factor present among other people incarcerated at the preferred type of facility. |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (d) The Department of Corrections and Rehabilitation shall deny a housing preference and shall require an individual to be housed in a facility consistent with the individuals anatomy if the individual has been convicted of, or the department has credible evidence that the individual has committed, any of the following offenses against one or more victims with a gender opposite to that of the individual, as determined by the individuals anatomy: |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | (1) Murder, as defined in Section 187. |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | (2) Voluntary manslaughter, as defined in Section 192. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | (3) Mayhem, as defined in Section 203. |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | (4) Robbery, as defined in Section 211. |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | (5) Kidnapping, as defined in Sections 207, 209, 209.5, and 210. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | (6) Domestic violence, as defined in subdivision (e) of Section 243 and in Section 273.5. |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | (7) Criminal threats, as defined in Section 422. |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | (8) Rape or any other sexual offense enumerated in Section 290. |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | (9) Human trafficking, as defined in Section 236.1. |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | (10) Assault, as defined in Section 245. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | (11) Threats to victims or witnesses, as defined in Section 136.1 |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | (12) Any conspiracy to commit an offense described in this subdivision. |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | (13) Any attempt to commit an offense described in this subdivision. |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | (d) |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | (e) The incarcerated individual shall receive a copy of the written statement described in subdivision (b) and, within a reasonable time following the individuals receipt of the statement, the Department of Corrections and Rehabilitation shall provide the individual with a meaningful opportunity to verbally raise any objections to that denial, and have those objections documented. |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | (e) |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | (f) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed. |
|---|