Bill sought to expand protections for lesbian, gay, bisexual and transgender prisoners
Sacramento – Last Friday, Governor Schwarzenegger vetoed the Lesbian, Gay, Bisexual and Transgender Prisoner Safety Act, AB 633, on the grounds that the bill was too similar to a prisoner safety bill he vetoed last year. Introduced by Assembly Member Tom Ammiano (D-San Francisco), the bill was designed to prevent violence against lesbian, gay, bisexual and especially transgender people in the state prison system. The bill received bipartisan support in both the State Senate and Assembly and is co-sponsored by Equality California, the Transgender Law Center and the National Center for Lesbian Rights.
“The governor’s reluctance to codify vital protections for LGBT prisoners into state law is truly heart-breaking,” said Equality California Executive Director Geoff Kors. “This bill was, in fact, different from the LGBT prisoner safety bill we sponsored last year in that it would have required the state to adopt national LGBT prisoner safety guidelines. The legislation would have been an important tool in preventing violence against LGBT prisoners and ensuring that they have access to the same safeguards under the law as other inmates. Despite this setback, we will work on administrative reform and will continue to partner with Assembly Member Ammiano to bring legislation next year when we have a new governor to ensure that similar legislation is passed and signed into law.”
According to a study by UC Irvine commissioned by the Department of Corrections and Rehabilitation, 69 percent of transgender inmates report sexual victimization while incarcerated.
“By vetoing AB 633, Governor Schwarzenegger has yet again neglected to help alleviate violence in California prisons,” said Masen Davis, Executive Director of the Transgender Law Center. “Transgender people are thirteen times more likely to be sexually assaulted in prison than non-transgender inmates. The National Prisoner Rape Elimination Commission Standards are well-researched, practical and promising. It is shameful that implementation of these standards has been further delayed.”
AB 633 promotes safety for and prevents assaults against LGBT people in the prison system by amending the Sexual Abuse in Detention Elimination Act (SADEA) of 2005. The bill would have included information provided by inmates regarding their own safety concerns related to sexual orientation and gender identity on the list of factors for consideration when assessing whether inmates were at a heightened risk for assault. The list of current factors includes, age, type of offense and prior time served.
“I am extremely disappointed that the governor chose not to protect and empower one of the most vulnerable groups in the state’s penal system,” said Bamby Salcedo, President of the Trans-Latina/o Coalition. “As someone who has been through the California penal system, I experienced firsthand the injustices that transgender prisoners face. My life was constantly endangered, I was harassed by other inmates and I was even a victim of sexual assault. This bill would have gone a long way in preventing LGBT inmates from experiencing the abuse I faced.”
In addition, the legislation would have: required the state to adopt a portion of the National Prisoner Rape Elimination Commission Standards, designed to safeguard LGBT inmates; required the California Department of Corrections and Rehabilitation not to automatically segregate LGBT inmates, a condition considered to be punitive, and safeguarded LGBT inmates from having to disclose their sexual orientation or gender identify to prison officials. The bill would have also saved the state money due to decreased litigation and health care expenses.
The legislation originally developed following a Senate Public Safety Committee meeting held in San Francisco in December 2008 and is chaired by Senator and former Majority Leader Gloria Romero (D-Los Angeles). The meeting, which was sponsored by Equality California along with Just Detention International, the Transgender Law Center, the National Center for Lesbian Rights and the Transgender, Gender Variant and Intersex Justice Project, exposed the dire issues facing LGBT people in California prisons in order to produce concrete solutions.
To find out more information about EQCA's legislation, visit http://www.eqca.org/legislation
The Transgender Law Center (TLC) is a civil rights organization advocating for transgender communities. TLC uses direct legal services, policy advocacy, public education, and movement building to transform California into a state that recognizes and supports the needs of transgender people and their families. www.transgenderlawcenter.org
Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed over 80 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment. www.eqca.org
No comments:
Post a Comment