Justice Department Probes Transgender Inmate Housing Policies in California and Maine

The Justice Department has initiated investigations into correctional facilities in California and Maine concerning policies related to housing male inmates in women's prisons. The probes were announced to California Governor Gavin Newsom and Maine Governor Janet Mills, citing potential dangers to female inmates, including the risk of sexual assault.

"The Justice Department's investigations into correctional facilities in California and Maine cite potential dangers to female inmates, including the risk of sexual assault."

California Investigation

California's 2021 Transgender Respect, Agency, and Dignity Act allows male prisoners who identify as female to be housed in women's prisons. Since the law's enactment, California has transferred 47 prisoners from male to female facilities. Data from the California Department of Corrections and Rehabilitation (CDCR) indicates 84 requests for male-to-female transfers, compared to seven female-to-male transfers.

The DOJ will investigate facilities in San Bernardino County and Madera County. Allegations noted in the DOJ's press release include men charged with sex crimes, who have intact genitals, requesting transfers to women's prisons based on self-identification as transgender.

CDCR spokeswoman Terri Hardy stated that the department is committed to a safe, humane, respectful, and rehabilitative environment for all incarcerated individuals. Hardy also asserted that enforcing a zero-tolerance policy aligns with the federal Prison Rape Elimination Act (PREA) and that suggesting all transgender women be assigned to men’s institutions would violate federal law.

"CDCR is committed to a safe, humane, respectful, and rehabilitative environment for all incarcerated individuals, and enforcing a zero-tolerance policy aligns with the federal Prison Rape Elimination Act (PREA)."

CDCR data shows 2,405 inmates are classified as transgender, nonbinary, or intersex. Of these, 1,028 requested transfer from male to female prisons, with 246 requests pending, 132 denied, and 140 inmates changing their minds. Three individuals were involuntarily transferred back to male prisons, while nine returned voluntarily.

Maine Investigation

The Justice Department will also investigate allegations in Maine that a biological male inmate remained housed with women despite assault complaints. Andrew B. Benson, U.S. attorney for the District of Maine, emphasized the vulnerability of incarcerated individuals to rights violations and committed to protecting civil rights.

Jill R. O’Brien, director of government affairs at the Maine Department of Corrections (MDOC), stated that MDOC refers any crimes to prosecutors and follows state and federal law regarding transgender residents. Housing decisions are made by a multidisciplinary team in compliance with established policies and laws.

"The Maine Department of Corrections refers any crimes to prosecutors and follows state and federal law regarding transgender residents, with housing decisions made by a multidisciplinary team."

Maine law stipulates that inmates have the right to have their gender identity respected, with housing decisions consistent with this identity, unless such placement presents significant management or security problems or threatens health and safety. The most recent monthly report from Maine's department noted "No residents identified as transgender" out of 2,069 state inmates. Federal grants to Maine were previously terminated based on the Department of Corrections’ transgender policy but were later restored.