California women's prisons under federal investigation for housing biological men

LOS ANGELES - The U.S. Department of Justice has officially notified Governor Gavin Newsom of a federal civil rights investigation into California’s practice of housing biological men in women’s correctional facilities. 

The probe will determine if the state’s current policies create unconstitutional risks and "pattern or practice" violations against female inmates.

What we know:

The investigation targets the California Institution for Women (CIW) in San Bernardino County and the Central California Women’s Facility (CCWF) in Madera County. 

Under the Civil Rights of Institutionalized Persons Act (CRIPA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA), federal officials are scrutinizing allegations of sexual assault, attempted rape, and voyeurism. 

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The DOJ is also looking into whether the presence of male inmates—including those who are violent sex offenders with intact genitals—interferes with female prisoners' First Amendment rights to free exercise of religion and speech, as well as Eighth Amendment protections against cruel and unusual punishment.

What they're saying:

"Our Constitution protects women from having their civil rights violated by harmful state legislation wrapped in the language of ‘equity’ and ‘progress,’" said First Assistant U.S. Attorney Bill Essayli. Assistant Attorney General Harmeet K. Dhillon added that the Civil Rights Division will not allow incarcerated women to be subject to "unconstitutional risks of harm," labeling the housing of men in women’s prisons a "dangerous national trend."

What we don't know:

The Department of Justice noted it has not yet reached final conclusions regarding the allegations. 

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It remains unclear how many specific cases of assault are being reviewed or how long the comprehensive investigation of CIW and CCWF will take before a final report or settlement recommendation is issued.

What's next:

The DOJ will continue to gather evidence and conduct interviews at the specified facilities.

If the investigation finds a pattern of constitutional violations, the department may pursue settlement agreements to force state-wide reforms.

The DOJ is also expanding its scope through a "National Initiative Examining the Housing of Biological Men in Women’s Prisons" to collect information from across the country.

What you can do:

Anyone with relevant information regarding the housing of biological men in women’s prisons or jails are encouraged to report their findings:

• Online: civilrights.justice.gov/report
• Phone: (888) 394-7118
• Email: SingleSexPrison.Initiative@usdoj.gov