A recent study conducted by the Williams Institute at UCLA School of Law and the Social Justice Legal Foundation analyzed 42 parole hearings of transgender and nonbinary individuals in California’s Department of Corrections and Rehabilitation (CDCR). Shockingly, the study found that 43% of these hearings involved misgendering and/or insensitive comments.
These experiences range from commissioners questioning the sobriety of LGBTQ individuals to pushing parole seekers to choose a pronoun even when they asked to be addressed by name. The study highlights the need for California’s Transgender Respect, Agency, and Dignity Act (TRADA), which requires CDCR to use proper gender pronouns and honorifics for transgender/nonbinary people in CDCR custody.
Despite TRADA, the study shows that finding appropriate transitional housing is a major challenge for transgender individuals. The results indicate that 56% of transgender/nonbinary people with an explicit housing plan were granted parole, while only 13% without one were granted parole. This data points to a need for more safe and inclusive transitional housing options that respect the rights of transgender individuals.
Furthermore, the study found that one-third of transgender/nonbinary parole seekers were granted parole, at about the same rate as the general population of parole seekers during the same time period. However, the experiences of these individuals should be monitored, and the California Parole Board should develop protocols to assess their experiences and treatment.
In conclusion, the study highlights the systemic issues faced by transgender individuals in the criminal justice system and the urgent need for greater respect, dignity, and inclusion. While TRADA is a step in the right direction, more action is needed to ensure the rights and well-being of transgender individuals are fully protected.