Beyond the Briefs
Separate imprisoned gays
by Robert DeKoven
Published Thursday, 17-Sep-2009 in issue 1134
http://www.gaylesbiantimes.com/?id=15507Gov. Schwarzenegger should sign AB 382, which would require the Department of Corrections and Rehabilitation to consider the sexual orientation and/or gender identity of prisoners so as to prevent sexual violence and to promote inmate and ward safety.
Currently, the department is required to consider specific factors when classifying inmates. For example, a violent rapist cannot be housed with a petty thief, particularly if the rapist is older, stronger and more aggressive. The United States Supreme Court has held that such random placements can result in sexual abuse or death for vulnerable inmates, and that they violate common decency, as well as constitutional provisions against "cruel and unusual punishment."
But the law does not yet require the department to consider inmates' sexual orientation and/or gender identity. AB 382 would require it to.
