Transgender parole seekers in California experience misgendering

A recent study conducted by the Williams Institute at UCLA School of Law and the Social Justice Legal Foundation reveals that 43% of parole hearings for transgender and nonbinary individuals in the California Department of Corrections and Rehabilitation (CDCR) involved misgendering and insensitive remarks. Despite one nonbinary parole seeker requesting to be addressed by name, rather than any pronoun, commissioners insisted on choosing a pronoun. In another instance, a commissioner questioned the parole seeker’s ability to remain sober due to the LGBTQ+ community’s supposed party culture.

In January 2021, California implemented the Transgender Respect, Agency, and Dignity Act (TRADA), which mandates the use of proper gender pronouns and honorifics for transgender and nonbinary individuals in CDCR custody, among other requirements.

For the first time since TRADA’s implementation, researchers analyzed 42 parole hearing transcripts from January

1, 2021 to February 28, 2022, involving transgender and nonbinary parole seekers. The study aimed to determine how these individuals fared in parole hearings. Results indicated that roughly one-third of transgender/nonbinary parole seekers were granted parole, similar to the rate for the general population of parole seekers during that period.

However, having a clear housing plan was a significant factor in parole grants, with 56% of transgender/nonbinary individuals with a housing plan receiving parole, compared to only 13% without one. The study’s authors highlighted the difficulty transgender individuals face in finding suitable transitional housing due to gender segregation and discrimination despite California’s anti-discrimination housing laws. This exclusion exacerbates the already challenging process of re-entry. While this study offers a preliminary understanding of the treatment of transgender and nonbinary parole seekers in California, the authors called for additional data to further assess their experiences