California Gov. Newsom signs law allowing inmates to choose their facilities based upon “gender identity”

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The “land of fruits and nuts” strikes again. The Associated Press is reporting that California Gov. Gavin Newsom has signed legislation that would require the state to house transgender inmates based upon their gender identity—what could possibly go wrong?

According to the release, inmates would be housed on the basis of gender identity, however only under conditions where the state doesn’t have “management or security concerns.

Currently, the California Department of Corrections and Rehabilitation houses men and women in separate facilities, as is done pretty much everywhere.

In the case of transgender inmates, they are housed based upon the sex they were born with. So-called advocates call this practice dangerous, in particular for transgender women housed in facilities for men.

The Hill said that under the law, officers are required to ask inmates during the intake process how they “identify”—transgender, nonbinary or intersex and then based upon their request they can be placed in a facility that houses either men or women.

Under the law, the CDCR cannot deny requests based upon inmates’ anatomy or sexual orientation.

In the case of a denied request, the state is mandated to provide a written statement to the inmate explaining the reason for the decision and giving the inmate an opportunity to object.

“California has some of the strongest pro LGBTQ+ laws in the nation and with the bills signed today, our march toward equality takes an additional step forward,” Newsom said in a statement.

“These new laws will help us better understand the impacts of COVID-19 on the LGBTQ+ community, establish a new fund to support our transgender sisters and brothers and advance inclusive and culturally competent efforts that uphold the dignity of all Californians, regardless of who you are or who you love.”

There are currently similar laws that protect transgender inmates in Rhode Island, Massachusetts, Connecticut, and New York City.

The bill was written by Sen. Scott Wiener, a San Francisco Democrat who says that he doesn’t believe the exception to the bill will be used that often.

“It’s just a false narrative about transgender people and about transgender women in particular that they’re somehow not really women and are just trying to scam their way into women’s bathrooms or facilities in order to do bad things, Wiener said.

“Overwhelmingly, the people who are being victimized are trans people.”

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At any time during their incarceration, if inmates raise concerns about health or safety, the law requires the CDCR to reassess where they are placed.

“It means a lot to me and my sisters,” said Michelle Calvin, a transgender woman incarcerated at Mule Creek State Prison, who was able to call in to a news conference about the bill.

“I’ve been in for 15 years. I’ve been through the abuse. I’ve been through the disrespect of staff not addressing me for who I am because I am a woman.”

Not only does the law require inmates be housed based on the sexual identity of their choice, but it also requires correctional officers to address transgender inmates based upon their chosen pronouns.

It is unknown if they will be wearing a sign which indicates if they want to be addressed as he/him, she/her, or they/them. Perhaps a tattoo. It was not specified.

Also, officers will conduct searches of inmates based upon the search policy for the gender they identify as.

In addition to the law on placement of inmates, there were several other LGBT-related laws Newsom signed on Saturday.

Yet another law signed by Wiener (pretty appropriate name since he seems to be hung up on sexual identity) would require local public health officials better track how diseases affect the LGBT community.

Also, Newsom signed a law that would ban life and disability insurance companies from denying insurance coverage based solely upon someone being HIV positive.

Finally, Newsom signed into law a bill written by Assemblyman Miguel Santiago that sets up a Transgender Wellness and Equity fund in order to provide grants to organizations that support the transgender community.

Governor of California signs controversial law reducing the penalties for sodomy of certain minors

SACRAMENTO, CA – The Democratic Governor of California, Gavin Newsom has signed a controversial bill into law that will now give judges greater discretion in deciding whether adults who commit sodomy with minors should be placed on California’s sex offender registry.

According to reports, Newsom signed the bill, which was passed by the Democratic-controlled state legislature the week prior.

California law permits judges to decide whether a man should be placed on the sex offender registry if he had consensual intercourse with someone 14 to 17 years of age and was not more than 10 years older than the other person.

However, technically speaking, that discretion only applied to vaginal intercourse, which LGBT advocates argued was discriminatory to gay men. The author of the new bill, San Francisco Democratic state Rep. Scott Wiener said:

“This eliminates discrimination against LGBT youth in our criminal justice system.”

On social media, Wiener added:

“SB 145 ends discrimination against #LGBTQ young people on the sex offender registry. Currently, these youth are forced onto the registry for consensual sex, even if a judge doesn’t think it’s appropriate. In situations where straight youth are not. This discrimination destroys lives.”

He said:

“It’s appalling that in 2020, California continues to discriminate against LGBTQ people by mandating that LGBTQ young people be placed on the sex offender registry in situations where straight people aren’t required to be placed on the registry.”

Wiener claimed that the existing law, which states that oral and anal sex between an adult within 10 years of age of a consenting minor requires the adult to be registered as a sex offender, discriminate against LGBTQ individuals. He said:

“This bill is about treating everyone equally under the law. Discrimination against LGBT people is simply not the California way. These laws were put in place during a more conservative and anti-LGBT time in California’s history.”

He added:

“They have ruined people’s lives and made it harder for them to get jobs, secure housing, and live productive lives. It is time we update these laws and treat everyone equally.”

Jackie Lacey, the Los Angeles County district attorney who wrote and sponsored the bill said:

“This bill allows judges and prosecutors to evaluate case involving consensual sex acts between young people, regardless of their sexual orientation, on an individual basis. I drafted this bill because I believe the law must be applied equally to ensure justice for all Californians.”

Several Twitter accounts belonging to conservative politicians tweeted out criticism of Newsom following his decision to sign the bill into law. San Diego mayor Kevin Faulconer tweeted:

“As a parent I’m appalled that last night our governor signed a law maintaining that a 24-year-old can have sex with a 14-year-old and it not be considered predatory.”

“An adult who commits ANY sex act on a minor 10 years younger just be registered as a sex offender. Law must be changed.”

California politician Carl De Maio, who identify’s as a gay man, tweeted:

“DISGUSTING: Gov. Gavin Newsom has signed SB 145 to allow 24-year-olds to have sex with 14-year-olds without being required to register as a sex offender.”

Not all Democratic leaders agree with the bill. Democrat Assemblywoman Lorena Gonzalez said as the bill was being debated:

“I cannot in my mind as a mother understand how sex between a 24-year-old and a 14-year-old could ever be consensual, how it could ever not be a registrable offense. We should never give up on this idea that children should be in no way subject to a predator.”

Attorney and researcher Jane Robbins said in a statement to Breitbart News:

“The left wants to sexualize children, period and to remove penalties for adult predators.”

She added:

“If Mr. Wiener were concerned about children, he would push to restore penalties on straight adult predators who prey on minors. Instead, he extended the leniency to gay adult predators.”

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Here is another article from Law Enforcement Today about Governor Newsom and how he continues to make California a less safe place:

This editorial is brought to you by a former Chief of Police and staff writer for Law Enforcement Today.

SACRAMENTO, CA.- In the midst of a crime wave, what do liberal governors do? Why of course, they release more criminals back onto the streets. In California, NPR is reporting that far-left Governor Gavin Newsom is planning to release an additional 8,000 prisoners this summer to help “control the spread” of the coronavirus in prison facilities.

The plan was announced after just over a third of inmates and staff at San Quentin State Prison tested positive for COVID-19.  

 

According to the California Department of Corrections and Rehabilitation, anyone eligible for release will be tested for the virus within seven days of their release from detention.

According to the department’s secretary the “actions are taken to provide for the health and safety of the incarcerated population and staff,” Ralph Diaz said in a statement on Friday.

“We aim to implement these decompression measures in a way that aligns both public health and public safety.”

Newsom said last Tuesday that the outbreak was a “deep area of focus and concern,” according to Breitbart News. San Quentin had over half of the coronavirus cases of the total throughout the state, which has a total prison population of approximately 113,000.

In the past two weeks, California has seen a rise of more than 860 cases, for a total caseload among inmates standing at 5,841 cases. It is reported that an additional 1,222 employees have been affected. Current caseloads are 2,286 active cases among the prison population with 719 active cases among Corrections staff. Thirty-one inmates have died from COVID-19.

NPR said that around half of the inmates could be released this month. The department is currently looking at prisoners who have less than 180 days left to serve on their bids. It is estimated that roughly 4,800 inmates could be eligible for release by the end of this month.

There are criteria that must be met in order for an inmate to be considered for release—they cannot be incarcerated relative to a domestic violence or other violent crime, and those subject to registration as sex offenders will also not be considered.

San Quentin had actually escaped the first two months of the pandemic with no COVID cases, however that number has spiked recently. The outbreak at San Quentin has been attributed to a transfer of more than 100 inmates from the California Institution for Men in Chino, which is another crowded institution that had already reported hundreds of COVID cases.

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The San Francisco Chronicle reported that most of those inmates had not been adequately tested prior to being transferred to San Quentin.

Spokesmen for the department said that some inmates at both San Quentin and Chino would be now eligible for early release. They said that prisoners who meet its criteria, have a year or less remaining on their sentence and are incarcerated at “institutions that house large populations of high-risk patients” would be considered first.

Folsom State Prison and five additional facilities are included in the program, with inmates who are 30 and older and meet eligibility requirements “immediately eligible for release,” the department said. Younger inmates will be subject to a case-by-case analysis.

The department said that it has already secured the release of over 10,000 inmates since mid-March when the coronavirus pandemic took hold in the U.S.

NBC Bay Area reported that a letter was sent to inmates on Thursday notifying them that eligible inmates would be receiving a sentence credit effective Aug. 1, with releases expected shortly afterward.

“This is absolutely critical for the health and safety of every Californian. Too many people are incarcerated for too long in facilities that spread poor health,” said Jay Jordan, executive director of Californians for Safety and Justice in a statement.

The decision to release inmates came just a few days after the prison system’s chief medical officer was replaced in response to criticism that transfers within the system helped exacerbate the outbreak of COVID in state facilities, CBS News said.

In a news conference earlier this past week, Newsom said that inmates from Chino “should not have been transferred” to San Quentin in late May.

Anne Irwin, director of a non-profit advocacy group Smart Justice California credited Newsom for the move which she said, “will protect the lives of people living and working inside prisons and in surrounding communities.”

“We applaud the Governor for working on two crucial fronts: getting the most vulnerable people out of harm’s way and stemming the spread of COVID-19 inside prisons and neighboring communities,” she said in a statement.


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