KQED Wins Legal Victory Against California Department of Corrections Over Public Records
Hundreds of Californians Released From Prison Could Receive $2,400 Under New State Program
California Prison Officials Aim to Raise Hourly Minimum Wage for Incarcerated Workers — to at Least 16 Cents
California Prisons Fail to Uphold Transgender Rights Despite State Law
California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE
'Good for the Kids': A California Bill Would Place Incarcerated Parents in Prisons Close to Home
California Overturned Her Murder Conviction. ICE Still Wants to Deport Her
California Will Dismantle Death Row — Some Cheer, but Others Are Outraged
Former California Prison Officer Accused of Sexual Misconduct Against Multiple Incarcerated Women
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She is the author of \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">The Wind Doesn't Need a Passport: Stories from the U.S.-Mexico Borderlands\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\"> (University of California Press). \u003c/span>","avatar":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g","twitter":"tychehendricks","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]}],"headData":{"title":"Tyche Hendricks | KQED","description":"KQED Senior Editor, Immigration","ogImgSrc":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/tychehendricks"},"fjhabvala":{"type":"authors","id":"8659","meta":{"index":"authors_1591205172","id":"8659","found":true},"name":"Farida Jhabvala Romero","firstName":"Farida","lastName":"Jhabvala Romero","slug":"fjhabvala","email":"fjhabvala@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Farida Jhabvala Romero is a Labor Correspondent for KQED. She previously covered immigration. Farida was \u003ca href=\"https://www.ccnma.org/2022-most-influential-latina-journalists\">named\u003c/a> one of the 10 Most Influential Latina Journalists in California in 2022 by the California Chicano News Media Association. Her work has won awards from the Society of Professional Journalists (Northern California), as well as a national and regional Edward M. Murrow Award for the collaborative reporting projects “Dangerous Air” and “Graying California.” \u003c/span>\u003cspan style=\"font-weight: 400;\">Before joining KQED, Farida worked as a producer at Radio Bilingüe, a national public radio network. Farida earned her master’s degree in journalism from Stanford University.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twitter":"FaridaJhabvala","facebook":null,"instagram":null,"linkedin":"https://www.linkedin.com/in/faridajhabvala/","sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]}],"headData":{"title":"Farida Jhabvala Romero | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/fjhabvala"},"slewis":{"type":"authors","id":"8676","meta":{"index":"authors_1591205172","id":"8676","found":true},"name":"Sukey Lewis","firstName":"Sukey","lastName":"Lewis","slug":"slewis","email":"slewis@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Sukey Lewis is a criminal justice reporter and host of \u003cem>On Our Watch\u003c/em>, a new podcast from NPR and KQED about the shadow world of police discipline. In 2018, she co-founded the California Reporting Project, a coalition of newsrooms across the state focused on obtaining previously sealed internal affairs records from law enforcement. In addition to her reporting on police accountability, Sukey has investigated the bail bonds industry, California's wildfires and the high cost of prison phone calls. Sukey earned a master's degree in journalism from the University of California at Berkeley. Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11982270":{"type":"posts","id":"news_11982270","meta":{"index":"posts_1591205157","site":"news","id":"11982270","score":null,"sort":[1712673016000]},"guestAuthors":[],"slug":"kqed-wins-legal-victory-against-california-department-of-corrections-over-public-records","title":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records","publishDate":1712673016,"format":"standard","headTitle":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Sacramento Superior Court Judge James Arguelles has \u003ca href=\"https://medialaw.org/wp-content/uploads/2024/04/04.08.24kqed.pdf\">granted (PDF)\u003c/a> KQED’s petition to compel the California Department of Corrections and Rehabilitation to disclose peace officer personnel records in a timely fashion.\u003c/p>\n\u003cp>The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public six years ago by the \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\">Right to Know\u003c/a> Act. The landmark transparency law unsealed internal affairs files for the first time in 40 years. This is the fifth case in which KQED has sued or intervened to secure public access to law enforcement disciplinary records in the wake of the 2019 law.\u003c/p>\n\u003cp>[aside tag=\"justice, law\" label=\"More Related Stories\"]“KQED is impressed and gratified with the Superior Court’s ruling that the California Department of Corrections and Rehabilitation was moving too slowly,” said Ethan Toven-Lindsey, vice president of news at KQED. “We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.”\u003c/p>\n\u003cp>In early 2019, as part of a \u003ca href=\"https://www.kqed.org/policerecords\">coalition\u003c/a> of news organizations, KQED filed requests with more than 700 law enforcement agencies including CDCR, which employs about 30,000 peace officers, making it the largest in the state. In 2021, after the Legislature \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">expanded access\u003c/a> to police disciplinary records to include cases of discrimination and excessive force, KQED asked for \u003ca href=\"https://www.kqed.org/news/11908340/documents-show-how-california-dept-of-corrections-handles-racism-among-officers\">those records\u003c/a> as well.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11927577/kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records\">sued\u003c/a> the prison agency in 2022, after it became apparent that at the rate it was going, it would take more than 25 years for CDCR to turn over disclosable peace officer records. In the past year and a half, the agency has sped things up. However, in its most recent motion, the prison agency estimated that it still needs more than nine years to produce an additional 925 incidents that are responsive to KQED’s requests. The agency also stated that it is constrained by an agreement with the California Correctional Peace Officers Association to notify officers before any records are released.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ethan Toven-Lindsey, vice president of news, KQED\"]‘We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.’[/pullquote]In his ruling Friday, Arguelles said that CDCR must release all responsive records by 2027 and 40 of KQED’s top priority cases by August.\u003c/p>\n\u003cp>“CDCR appreciates the court’s acknowledgment of the Department’s efforts to work with KQED to prioritize cases and increase staffing to meet its obligations,” the agency’s press secretary Terri Hardy wrote in an email. “CDCR receives a large number of Public Records Act requests each year and remains committed to transparency and refining its process.”\u003c/p>\n\u003cp>So far, the prison agency has released complete records for around 300 use-of-force and misconduct cases that span 2014 through 2021, and partial records for about 80 cases involving officer discrimination.\u003c/p>\n\u003cp>Out of those records, KQED had produced a second season of its award-winning podcast \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">On Our Watch\u003c/a>. The first season was based on internal police records obtained under the Right to Know Act. The second season focuses on use of force at the state’s most violent prison, California State Prison-Sacramento, also known as New Folsom.\u003c/p>\n\u003cp>KQED found that this prison had three times the rate of serious use-of-force incidents — in which officers seriously injure or shoot at incarcerated people — of any other state prison. The final episode of the series, which traces the footsteps of two whistleblowers who died after reporting misconduct in the prison publishes today.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public 6 years ago by the 'Right to Know' Act.","status":"publish","parent":0,"modified":1712623275,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":626},"headData":{"title":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records | KQED","description":"The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public 6 years ago by the 'Right to Know' Act.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11982270/kqed-wins-legal-victory-against-california-department-of-corrections-over-public-records","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sacramento Superior Court Judge James Arguelles has \u003ca href=\"https://medialaw.org/wp-content/uploads/2024/04/04.08.24kqed.pdf\">granted (PDF)\u003c/a> KQED’s petition to compel the California Department of Corrections and Rehabilitation to disclose peace officer personnel records in a timely fashion.\u003c/p>\n\u003cp>The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public six years ago by the \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\">Right to Know\u003c/a> Act. The landmark transparency law unsealed internal affairs files for the first time in 40 years. This is the fifth case in which KQED has sued or intervened to secure public access to law enforcement disciplinary records in the wake of the 2019 law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"justice, law","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“KQED is impressed and gratified with the Superior Court’s ruling that the California Department of Corrections and Rehabilitation was moving too slowly,” said Ethan Toven-Lindsey, vice president of news at KQED. “We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.”\u003c/p>\n\u003cp>In early 2019, as part of a \u003ca href=\"https://www.kqed.org/policerecords\">coalition\u003c/a> of news organizations, KQED filed requests with more than 700 law enforcement agencies including CDCR, which employs about 30,000 peace officers, making it the largest in the state. In 2021, after the Legislature \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">expanded access\u003c/a> to police disciplinary records to include cases of discrimination and excessive force, KQED asked for \u003ca href=\"https://www.kqed.org/news/11908340/documents-show-how-california-dept-of-corrections-handles-racism-among-officers\">those records\u003c/a> as well.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11927577/kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records\">sued\u003c/a> the prison agency in 2022, after it became apparent that at the rate it was going, it would take more than 25 years for CDCR to turn over disclosable peace officer records. In the past year and a half, the agency has sped things up. However, in its most recent motion, the prison agency estimated that it still needs more than nine years to produce an additional 925 incidents that are responsive to KQED’s requests. The agency also stated that it is constrained by an agreement with the California Correctional Peace Officers Association to notify officers before any records are released.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ethan Toven-Lindsey, vice president of news, KQED","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In his ruling Friday, Arguelles said that CDCR must release all responsive records by 2027 and 40 of KQED’s top priority cases by August.\u003c/p>\n\u003cp>“CDCR appreciates the court’s acknowledgment of the Department’s efforts to work with KQED to prioritize cases and increase staffing to meet its obligations,” the agency’s press secretary Terri Hardy wrote in an email. “CDCR receives a large number of Public Records Act requests each year and remains committed to transparency and refining its process.”\u003c/p>\n\u003cp>So far, the prison agency has released complete records for around 300 use-of-force and misconduct cases that span 2014 through 2021, and partial records for about 80 cases involving officer discrimination.\u003c/p>\n\u003cp>Out of those records, KQED had produced a second season of its award-winning podcast \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">On Our Watch\u003c/a>. The first season was based on internal police records obtained under the Right to Know Act. The second season focuses on use of force at the state’s most violent prison, California State Prison-Sacramento, also known as New Folsom.\u003c/p>\n\u003cp>KQED found that this prison had three times the rate of serious use-of-force incidents — in which officers seriously injure or shoot at incarcerated people — of any other state prison. The final episode of the series, which traces the footsteps of two whistleblowers who died after reporting misconduct in the prison publishes today.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11982270/kqed-wins-legal-victory-against-california-department-of-corrections-over-public-records","authors":["8676"],"categories":["news_6188","news_28250","news_8"],"tags":["news_1629","news_27626","news_2997","news_9","news_20199","news_33963","news_116"],"featImg":"news_11982294","label":"news"},"news_11969359":{"type":"posts","id":"news_11969359","meta":{"index":"posts_1591205157","site":"news","id":"11969359","score":null,"sort":[1702060214000]},"guestAuthors":[],"slug":"hundred-of-californians-released-from-prison-could-receive-2400-under-new-state-program","title":"Hundreds of Californians Released From Prison Could Receive $2,400 Under New State Program","publishDate":1702060214,"format":"standard","headTitle":"Hundreds of Californians Released From Prison Could Receive $2,400 Under New State Program | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Hundreds of Californians released from prisons could receive direct cash payments of $2,400 — along with counseling, job search assistance and other support — under a first-in-the-nation program aimed at easing the transition out of incarceration and reducing recidivism.\u003c/p>\n\u003cp>Recipients will get the money over a series of payments after meeting certain milestones, such as showing progress in finding places to live and work, according to an announcement this week by the Center for Employment Opportunities, which will run the program.\u003c/p>\n\u003cp>The goal is to give people a chance “to cover their most essential needs” like bus fare and food during the crucial early days after exiting incarceration, said Samuel Schaeffer, CEO of the national nonprofit that helps those leaving lockups find jobs and achieve financial security.\u003c/p>\n\u003cp>“The first three to six months are the riskiest when many people end up back in prison,” Schaeffer said Thursday. “We want to take advantage of this moment to immediately connect people with services, with financial support, to avoid recidivism.”[aside label=\"More on California Prisons\" tag=\"california-prisons\"]The governor’s Workforce Development Board, devoted to improving the state’s labor pool, is providing a $6.9 million grant to boost community-based organizations and expand so-called re-entry services for the formerly incarcerated.\u003c/p>\n\u003cp>About $2 million of that will go directly to formerly incarcerated people through cash payments totaling about $2,400 each. Schaeffer’s group said the money will be paid incrementally upon reaching milestones like participating in employment interview preparation meetings with a jobs coach, making progress toward earning an industry credential or certificate; and creating a budget and opening a bank account.\u003c/p>\n\u003cp>Schaeffer said the new program is a “game changer” and the first of its kind in the nation, one he hopes other states will copy.\u003c/p>\n\u003cp>He said his group distributes money and coordinates services with local groups that provide career training and mental health counseling, among other resources. The program got a sort of test run at the height of the COVID-19 pandemic when the Center for Employment Opportunities was tasked with distributing direct payments to about 10,000 formerly incarcerated people struggling financially.\u003c/p>\n\u003cp>Schaeffer said that to promote equitable access to the funds, the center recommends its partners impose limited eligibility criteria for receiving payments. And there are no rules for how the money can be spent.\u003c/p>\n\u003cp>Advocates say people returning from incarceration often struggle to find places to live and work as they try to reintegrate back into their communities. Around 60% of formerly incarcerated individuals remain unemployed within the first year of being home, the center estimates.\u003cbr>\n[ad fullwidth]\u003cbr>\nState Assemblyman Tom Lackey, a Republican from Palmdale who often focuses on justice system issues, said he applauds any attempt to reduce recidivism. But he worries this new program lacks a way to track progress and ensure taxpayers are getting their money’s worth.\u003c/p>\n\u003cp>“If we are going to issue stipends without parameters for accountability, I worry about the return on our investment as it relates to outcomes and community safety,” Lackey said in a statement on Thursday.\u003c/p>\n\u003cp>Schaeffer said he expects his organization to be flexible as the program rolls out, “to keep on refining it and keep on getting smarter on how to use it” and ensure every dollar counts.\u003c/p>\n\u003cp>“I wish this partnership had existed while I was in re-entry,” said Carmen Garcia, who was formerly incarcerated and is now director of the Root & Rebound, a nonprofit offering legal advocacy for people leaving prison.\u003c/p>\n\u003cp>He said the expanded program will allow groups like his to “offer these expanded services to more people who are working to rebuild their lives after incarceration.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Aimed at easing the transition out of incarceration and reducing recidivism, the first-in-the-nation initiative will also include counseling, job-search assistance and other support. ","status":"publish","parent":0,"modified":1702084166,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":638},"headData":{"title":"Hundreds of Californians Released From Prison Could Receive $2,400 Under New State Program | KQED","description":"Aimed at easing the transition out of incarceration and reducing recidivism, the first-in-the-nation initiative will also include counseling, job-search assistance and other support. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"sticky":false,"nprByline":"Christopher Weber\u003cbr>Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11969359/hundred-of-californians-released-from-prison-could-receive-2400-under-new-state-program","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Hundreds of Californians released from prisons could receive direct cash payments of $2,400 — along with counseling, job search assistance and other support — under a first-in-the-nation program aimed at easing the transition out of incarceration and reducing recidivism.\u003c/p>\n\u003cp>Recipients will get the money over a series of payments after meeting certain milestones, such as showing progress in finding places to live and work, according to an announcement this week by the Center for Employment Opportunities, which will run the program.\u003c/p>\n\u003cp>The goal is to give people a chance “to cover their most essential needs” like bus fare and food during the crucial early days after exiting incarceration, said Samuel Schaeffer, CEO of the national nonprofit that helps those leaving lockups find jobs and achieve financial security.\u003c/p>\n\u003cp>“The first three to six months are the riskiest when many people end up back in prison,” Schaeffer said Thursday. “We want to take advantage of this moment to immediately connect people with services, with financial support, to avoid recidivism.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on California Prisons ","tag":"california-prisons"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The governor’s Workforce Development Board, devoted to improving the state’s labor pool, is providing a $6.9 million grant to boost community-based organizations and expand so-called re-entry services for the formerly incarcerated.\u003c/p>\n\u003cp>About $2 million of that will go directly to formerly incarcerated people through cash payments totaling about $2,400 each. Schaeffer’s group said the money will be paid incrementally upon reaching milestones like participating in employment interview preparation meetings with a jobs coach, making progress toward earning an industry credential or certificate; and creating a budget and opening a bank account.\u003c/p>\n\u003cp>Schaeffer said the new program is a “game changer” and the first of its kind in the nation, one he hopes other states will copy.\u003c/p>\n\u003cp>He said his group distributes money and coordinates services with local groups that provide career training and mental health counseling, among other resources. The program got a sort of test run at the height of the COVID-19 pandemic when the Center for Employment Opportunities was tasked with distributing direct payments to about 10,000 formerly incarcerated people struggling financially.\u003c/p>\n\u003cp>Schaeffer said that to promote equitable access to the funds, the center recommends its partners impose limited eligibility criteria for receiving payments. And there are no rules for how the money can be spent.\u003c/p>\n\u003cp>Advocates say people returning from incarceration often struggle to find places to live and work as they try to reintegrate back into their communities. Around 60% of formerly incarcerated individuals remain unemployed within the first year of being home, the center estimates.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nState Assemblyman Tom Lackey, a Republican from Palmdale who often focuses on justice system issues, said he applauds any attempt to reduce recidivism. But he worries this new program lacks a way to track progress and ensure taxpayers are getting their money’s worth.\u003c/p>\n\u003cp>“If we are going to issue stipends without parameters for accountability, I worry about the return on our investment as it relates to outcomes and community safety,” Lackey said in a statement on Thursday.\u003c/p>\n\u003cp>Schaeffer said he expects his organization to be flexible as the program rolls out, “to keep on refining it and keep on getting smarter on how to use it” and ensure every dollar counts.\u003c/p>\n\u003cp>“I wish this partnership had existed while I was in re-entry,” said Carmen Garcia, who was formerly incarcerated and is now director of the Root & Rebound, a nonprofit offering legal advocacy for people leaving prison.\u003c/p>\n\u003cp>He said the expanded program will allow groups like his to “offer these expanded services to more people who are working to rebuild their lives after incarceration.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11969359/hundred-of-californians-released-from-prison-could-receive-2400-under-new-state-program","authors":["byline_news_11969359"],"categories":["news_8"],"tags":["news_26658","news_616","news_1629","news_27626","news_33616","news_28392","news_23"],"featImg":"news_11969362","label":"news"},"news_11967728":{"type":"posts","id":"news_11967728","meta":{"index":"posts_1591205157","site":"news","id":"11967728","score":null,"sort":[1700258457000]},"guestAuthors":[],"slug":"california-prison-officials-aim-to-raise-hourly-minimum-wage-to-at-least-16-cents","title":"California Prison Officials Aim to Raise Hourly Minimum Wage for Incarcerated Workers — to at Least 16 Cents","publishDate":1700258457,"format":"standard","headTitle":"California Prison Officials Aim to Raise Hourly Minimum Wage for Incarcerated Workers — to at Least 16 Cents | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>\u003ca href=\"#correction\">This story contains a correction.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>Over the seven years Lawrence Cox worked as an inmate in California state prisons, he washed kitchen dishes and pans and cleaned urinals and dormitories.\u003c/p>\n\u003cp>Cox said he was never paid more than 18 cents an hour and was not paid at all for some work assignments.\u003c/p>\n\u003cp>California’s Department of Corrections and Rehabilitation then deducted about half of his meager earnings to cover court-imposed restitution fines.\u003c/p>\n\u003cp>When Cox was eventually released last year, he was entitled under \u003ca href=\"https://law.justia.com/codes/california/2007/pen/2700-2717.html\">state law\u003c/a> to collect $200, but received no additional compensation for his many years of labor.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Like a lot of people, I got out with really nothing,” said Cox, 39. He said he was lucky to get financial help from loved ones, but it was still difficult for him to afford housing, transportation and other basic services as he tried to reestablish himself after serving time.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cdcr.ca.gov/regulations/wp-content/uploads/sites/171/2023/10/NCR-23-11-Inmate-Pay-Rates-Schedules-and-Exceptions.pdf\">Under a recent CDCR proposal\u003c/a>, tens of thousands of incarcerated workers in state prisons would get marginal wage increases, but most would still earn well under $1 per hour.\u003c/p>\n\u003cp>The plan calls for doubling the minimum wage — from its current rate of just 8 cents an hour to 16 cents. Incarcerated people with the highest skill levels or in lead positions would earn as much as 74 cents an hour, up from 37 cents.\u003c/p>\n\u003cp>The agency is seeking public comment on the proposed changes through Nov. 22.\u003c/p>\n\u003cp>Nearly 39,000 incarcerated people have job assignments in state prisons, doing everything from construction and maintenance work to custodial, food and clerical services, among a host of other \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/202120220ACA3_Senate-Appropriations-4.pdf\">jobs\u003c/a>. Some also \u003ca href=\"https://www.calpia.ca.gov/about/\">manufacture\u003c/a> products like office furniture, license plates, cell phone equipment and eyewear.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"prisons\"]More than 1,000 incarcerated firefighters across the state would also receive a pay hike. Under the new proposal, they would earn a maximum daily rate ranging between $5.80 to $10.24, about double their current daily rate of $2.90 to $5.13 — which includes an additional $1 per hour when battling active fires.\u003c/p>\n\u003cp>CDCR said these wage increases would incentivize incarcerated workers to retain jobs that support their rehabilitation and would give them greater “buying power” for canteen hygiene and food items. It would also provide the state with more firefighting personnel, the agency noted.\u003c/p>\n\u003cp>“It is the responsibility of CDCR to ensure its inmate population is treated with dignity and has the resources and skills needed to transition back to society. This responsibility extends to fair compensation for jobs performed while incarcerated,” CDCR said in its \u003ca href=\"https://www.cdcr.ca.gov/regulations/wp-content/uploads/sites/171/2023/10/NCR-23-11-Inmate-Pay-Rates-Schedules-and-Exceptions.pdf\">notice\u003c/a> of the regulation changes.\u003c/p>\n\u003cp>Increased compensation will also help workers meet restitution-payment requirements for crime victims and save more money for after their release, Tessa Outhyse, a CDCR spokesperson, said in an email to KQED.\u003c/p>\n\u003cp>The proposed regulations would additionally eliminate all unpaid work assignments, Outhyse added, although it would also reduce a majority of full-time job assignments to half-time.\u003c/p>\n\u003cp>“CDCR values the contributions of its incarcerated workers and is committed to its mission to prepare people in its custody to successfully return to their communities,” Outhyse said.\u003c/p>\n\u003cp>But some living wage advocates have slammed CDCR’s proposed pay increases, calling them grossly insufficient.\u003c/p>\n\u003cp>Members of the \u003ca href=\"https://onefairwage.site/wp-content/uploads/2023/04/CA_NeedsLivingWage_2304.pdf\">California Living Wage For All Coalition \u003c/a>have questioned how incarcerated people will make more money, even with a wage hike, if their total hours are cut. They also argue that subminimum wages contribute to recidivism, as incarcerated people are often released into abject poverty.\u003c/p>\n\u003cp>“It’s shameful,” said Cox, who now works as a policy and organizing associate at \u003ca href=\"https://prisonerswithchildren.org\">Legal Services for Prisoners with Children\u003c/a>, an Oakland-based nonprofit. “To continue the practice of exploiting individuals is just deplorable. An increase to 16 cents … I still can’t do anything with it.”\u003c/p>\n\u003cp>California’s pay schedule for incarcerated workers has remained largely unchanged for the last 30 years. The state’s hourly pay rate is well below the national average, which was 39 cents in 2017, according to CDCR.\u003c/p>\n\u003cp>Advocates argue the state has the ability to pay incarcerated workers higher wages. They point to the California Prison Industry Authority’s \u003ca href=\"https://jointventureprogram.calpia.ca.gov/workers-wages/\">Joint Venture Program\u003c/a>, which offers incarcerated workers comparable wages to those outside prison. The program boasts \u003ca href=\"https://jointventureprogram.calpia.ca.gov/benefits/\">a 9% recidivism rate\u003c/a>, drastically lower than for CDCR’s general population, although only 13 incarcerated workers are currently participating in it.\u003c/p>\n\u003cp>The Thirteenth Amendment of the U.S. Constitution forbids slavery and involuntary servitude except to punish crime. California’s law contains that \u003ca href=\"https://law.justia.com/constitution/california/article-i/section-6/#:~:text=SEC.,prohibited%20except%20to%20punish%20crime.\">same exemption\u003c/a>, which allows CDCR to compel incarcerated people to work, regardless of the wages.\u003c/p>\n\u003cp>Voters in several states, including Oregon and Alabama, recently approved measures removing\u003ca href=\"https://apnews.com/article/politics-united-states-government-california-nevada-constitutions-cd220ed1abfd63c5971ee1394756c7e7\"> involuntary servitude\u003c/a> from their constitutions. However, a proposed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202320240ACA8\">constitutional amendment\u003c/a> in California to prohibit involuntary servitude as a punishment to a crime is being considered in the state Legislature.\u003c/p>\n\u003cp>Additionally, a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1371\">bill\u003c/a> to require CDCR to adopt a five-year plan to increase incarcerated workers’ wages was vetoed by Gov. Gavin Newsom last year because of its fiscal impact, estimated at more than $400 million per year.\u003c/p>\n\u003cp>Newsom \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2022/09/SB-1371-VETO.pdf?emrc=bdd649\">argued\u003c/a> that with lower-than-expected revenues, the state must prioritize existing obligations and priorities, such as education and health care.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"correction\">\u003c/a>January 29: An earlier version of this story incorrectly stated that a California constitutional amendment to prohibit all forms of involuntary servitude died in the state Legislature last year. This story has been edited to correct the inaccuracy that the measure is still being considered by the state Legislature.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Tens of thousands of incarcerated workers in California could soon get a slight wage increase, but most would still earn well under $1 an hour.","status":"publish","parent":0,"modified":1706553825,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":943},"headData":{"title":"California Prison Officials Aim to Raise Hourly Minimum Wage for Incarcerated Workers — to at Least 16 Cents | KQED","description":"Tens of thousands of incarcerated workers in California could soon get a slight wage increase, but most would still earn well under $1 an hour.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11967728/california-prison-officials-aim-to-raise-hourly-minimum-wage-to-at-least-16-cents","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"#correction\">This story contains a correction.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>Over the seven years Lawrence Cox worked as an inmate in California state prisons, he washed kitchen dishes and pans and cleaned urinals and dormitories.\u003c/p>\n\u003cp>Cox said he was never paid more than 18 cents an hour and was not paid at all for some work assignments.\u003c/p>\n\u003cp>California’s Department of Corrections and Rehabilitation then deducted about half of his meager earnings to cover court-imposed restitution fines.\u003c/p>\n\u003cp>When Cox was eventually released last year, he was entitled under \u003ca href=\"https://law.justia.com/codes/california/2007/pen/2700-2717.html\">state law\u003c/a> to collect $200, but received no additional compensation for his many years of labor.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Like a lot of people, I got out with really nothing,” said Cox, 39. He said he was lucky to get financial help from loved ones, but it was still difficult for him to afford housing, transportation and other basic services as he tried to reestablish himself after serving time.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cdcr.ca.gov/regulations/wp-content/uploads/sites/171/2023/10/NCR-23-11-Inmate-Pay-Rates-Schedules-and-Exceptions.pdf\">Under a recent CDCR proposal\u003c/a>, tens of thousands of incarcerated workers in state prisons would get marginal wage increases, but most would still earn well under $1 per hour.\u003c/p>\n\u003cp>The plan calls for doubling the minimum wage — from its current rate of just 8 cents an hour to 16 cents. Incarcerated people with the highest skill levels or in lead positions would earn as much as 74 cents an hour, up from 37 cents.\u003c/p>\n\u003cp>The agency is seeking public comment on the proposed changes through Nov. 22.\u003c/p>\n\u003cp>Nearly 39,000 incarcerated people have job assignments in state prisons, doing everything from construction and maintenance work to custodial, food and clerical services, among a host of other \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/202120220ACA3_Senate-Appropriations-4.pdf\">jobs\u003c/a>. Some also \u003ca href=\"https://www.calpia.ca.gov/about/\">manufacture\u003c/a> products like office furniture, license plates, cell phone equipment and eyewear.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"prisons"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>More than 1,000 incarcerated firefighters across the state would also receive a pay hike. Under the new proposal, they would earn a maximum daily rate ranging between $5.80 to $10.24, about double their current daily rate of $2.90 to $5.13 — which includes an additional $1 per hour when battling active fires.\u003c/p>\n\u003cp>CDCR said these wage increases would incentivize incarcerated workers to retain jobs that support their rehabilitation and would give them greater “buying power” for canteen hygiene and food items. It would also provide the state with more firefighting personnel, the agency noted.\u003c/p>\n\u003cp>“It is the responsibility of CDCR to ensure its inmate population is treated with dignity and has the resources and skills needed to transition back to society. This responsibility extends to fair compensation for jobs performed while incarcerated,” CDCR said in its \u003ca href=\"https://www.cdcr.ca.gov/regulations/wp-content/uploads/sites/171/2023/10/NCR-23-11-Inmate-Pay-Rates-Schedules-and-Exceptions.pdf\">notice\u003c/a> of the regulation changes.\u003c/p>\n\u003cp>Increased compensation will also help workers meet restitution-payment requirements for crime victims and save more money for after their release, Tessa Outhyse, a CDCR spokesperson, said in an email to KQED.\u003c/p>\n\u003cp>The proposed regulations would additionally eliminate all unpaid work assignments, Outhyse added, although it would also reduce a majority of full-time job assignments to half-time.\u003c/p>\n\u003cp>“CDCR values the contributions of its incarcerated workers and is committed to its mission to prepare people in its custody to successfully return to their communities,” Outhyse said.\u003c/p>\n\u003cp>But some living wage advocates have slammed CDCR’s proposed pay increases, calling them grossly insufficient.\u003c/p>\n\u003cp>Members of the \u003ca href=\"https://onefairwage.site/wp-content/uploads/2023/04/CA_NeedsLivingWage_2304.pdf\">California Living Wage For All Coalition \u003c/a>have questioned how incarcerated people will make more money, even with a wage hike, if their total hours are cut. They also argue that subminimum wages contribute to recidivism, as incarcerated people are often released into abject poverty.\u003c/p>\n\u003cp>“It’s shameful,” said Cox, who now works as a policy and organizing associate at \u003ca href=\"https://prisonerswithchildren.org\">Legal Services for Prisoners with Children\u003c/a>, an Oakland-based nonprofit. “To continue the practice of exploiting individuals is just deplorable. An increase to 16 cents … I still can’t do anything with it.”\u003c/p>\n\u003cp>California’s pay schedule for incarcerated workers has remained largely unchanged for the last 30 years. The state’s hourly pay rate is well below the national average, which was 39 cents in 2017, according to CDCR.\u003c/p>\n\u003cp>Advocates argue the state has the ability to pay incarcerated workers higher wages. They point to the California Prison Industry Authority’s \u003ca href=\"https://jointventureprogram.calpia.ca.gov/workers-wages/\">Joint Venture Program\u003c/a>, which offers incarcerated workers comparable wages to those outside prison. The program boasts \u003ca href=\"https://jointventureprogram.calpia.ca.gov/benefits/\">a 9% recidivism rate\u003c/a>, drastically lower than for CDCR’s general population, although only 13 incarcerated workers are currently participating in it.\u003c/p>\n\u003cp>The Thirteenth Amendment of the U.S. Constitution forbids slavery and involuntary servitude except to punish crime. California’s law contains that \u003ca href=\"https://law.justia.com/constitution/california/article-i/section-6/#:~:text=SEC.,prohibited%20except%20to%20punish%20crime.\">same exemption\u003c/a>, which allows CDCR to compel incarcerated people to work, regardless of the wages.\u003c/p>\n\u003cp>Voters in several states, including Oregon and Alabama, recently approved measures removing\u003ca href=\"https://apnews.com/article/politics-united-states-government-california-nevada-constitutions-cd220ed1abfd63c5971ee1394756c7e7\"> involuntary servitude\u003c/a> from their constitutions. However, a proposed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202320240ACA8\">constitutional amendment\u003c/a> in California to prohibit involuntary servitude as a punishment to a crime is being considered in the state Legislature.\u003c/p>\n\u003cp>Additionally, a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1371\">bill\u003c/a> to require CDCR to adopt a five-year plan to increase incarcerated workers’ wages was vetoed by Gov. Gavin Newsom last year because of its fiscal impact, estimated at more than $400 million per year.\u003c/p>\n\u003cp>Newsom \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2022/09/SB-1371-VETO.pdf?emrc=bdd649\">argued\u003c/a> that with lower-than-expected revenues, the state must prioritize existing obligations and priorities, such as education and health care.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"correction\">\u003c/a>January 29: An earlier version of this story incorrectly stated that a California constitutional amendment to prohibit all forms of involuntary servitude died in the state Legislature last year. This story has been edited to correct the inaccuracy that the measure is still being considered by the state Legislature.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11967728/california-prison-officials-aim-to-raise-hourly-minimum-wage-to-at-least-16-cents","authors":["8659"],"categories":["news_8"],"tags":["news_1628","news_616","news_1629","news_27626","news_33501","news_19904","news_33502","news_33500"],"featImg":"news_11967747","label":"news"},"news_11964027":{"type":"posts","id":"news_11964027","meta":{"index":"posts_1591205157","site":"news","id":"11964027","score":null,"sort":[1697209258000]},"guestAuthors":[],"slug":"california-prisons-fail-to-uphold-transgender-rights-despite-state-law","title":"California Prisons Fail to Uphold Transgender Rights Despite State Law","publishDate":1697209258,"format":"standard","headTitle":"California Prisons Fail to Uphold Transgender Rights Despite State Law | KQED","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>\u003cem>Warning: There are descriptions of physical and sexual violence in this piece. Also, where legal names and chosen names differ, we’re using chosen names.\u003c/em>\u003c/p>\n\u003cp>[dropcap]S[/dropcap]yiaah Skylit had been stuck in solitary confinement at a maximum-security men’s prison for months when, in the fall of 2020, she got the news that gave her hope: Gov. Gavin Newsom had signed the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB132\">Transgender Respect, Agency and Dignity Act\u003c/a>.\u003c/p>\n\u003cp>Authored by state Sen. Scott Wiener (D-San Francisco), the law requires California prison staff to use the chosen pronouns of incarcerated people who are intersex or identify as nonbinary or transgender, as Skylit does.\u003c/p>\n\u003cp>It allows those incarcerated people to \u003ca href=\"https://www.cdcr.ca.gov/prea/sb-132-faqs/\">select a gender preference for the guards who search them\u003c/a>. Most significantly, it mandates that prison officials, under most circumstances, honor requests to be housed at the type of facility — male or female — that aligns with the incarcerated person’s gender identity.\u003c/p>\n\u003cp>For six years, the California Department of Corrections and Rehabilitation bounced Skylit from one men’s prison to another. At each, safety proved elusive. By 2020, she was isolated in a cell for her own protection after brutal attacks by people she was incarcerated with and, \u003ca href=\"https://www.documentcloud.org/documents/23991903-syiaahkvsp2ndamendedcomplaint2022-03-03\">a lawsuit alleges (PDF)\u003c/a>, by guards.\u003c/p>\n\u003cp>The prospect of serving out her remaining sentence in a women’s facility seemed nothing short of a miracle.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“For me, what it felt like was a sanctuary,” she said in one of several dozen interviews with KQED over the course of a year. “A place to be who you were meant to be without any retaliation, without any violence, without any judgment.”\u003c/p>\n\u003cp>Decades have passed since simply \u003ca href=\"https://www.kqed.org/news/11917624/how-a-young-gay-man-survived-one-of-the-darkest-eras-in-california-queer-history\">being LGBTQ+ was considered a crime and a mental illness\u003c/a>. But bias and marginalization still lead to high rates of criminalization, especially for \u003ca href=\"https://transequality.org/sites/default/files/docs/resources/NTDS_Report.pdf\">Black trans women (PDF)\u003c/a> like Skylit. Once incarcerated, harsh prison conditions take a serious toll on mental health.\u003c/p>\n\u003cp>\u003ca href=\"https://cpb-us-e2.wpmucdn.com/sites.uci.edu/dist/0/1149/files/2013/06/BulletinVol2Issue2.pdf\">Studies (PDF)\u003c/a>, \u003ca href=\"https://transequality.org/sites/default/files/docs/usts/USTS%20Full%20Report%20-%20FINAL%201.6.17.pdf\">surveys (PDF)\u003c/a> and \u003ca href=\"https://bjs.ojp.gov/content/pub/pdf/pdca15.pdf\">federal data (PDF)\u003c/a> show that trans women held in men’s prisons are sexually and physically assaulted at rates as much as 13 times higher than cisgender men. When they report assaults or fears for their safety, they’re often met with \u003ca href=\"https://www.documentcloud.org/documents/23991938-tni-coalition-letter-to-governor-newsom-71723pdf-2\">staff retaliation (PDF)\u003c/a>. It’s not uncommon for trans women to harm themselves — just to get to the safety of a prison mental health bed. Skylit had lived that, too.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Syiaah Skylit, transgender woman in California prison\"]‘For me, what it felt like was a sanctuary. A place to be who you were meant to be without any retaliation, without any violence, without any judgment.’[/pullquote]The Transgender Respect, Agency and Dignity Act promised an end to those nightmares.\u003c/p>\n\u003cp>“No more having to hide in fear,” Skylit said. “No more having to be quiet about who I really am. I was excited. I couldn’t wait.”\u003c/p>\n\u003cp>This story is a result of a year-long investigation into the effectiveness of the legislation that aimed to reduce the trauma of transgender women in California’s prisons. KQED’s reporters interviewed a dozen incarcerated people and reviewed data along with several hundred pages of prison grievances, disciplinary records and legal filings. The reporting revealed that trans women like Skylit and many others transferred to a women’s prison under the new law have not found the sanctuary they were seeking.\u003c/p>\n\u003cp>For Skylit, the nightmares have only gotten worse.\u003c/p>\n\u003ch2>Living with secrets\u003c/h2>\n\u003cp>Skylit grew up in Compton. When she was 5, she and her siblings entered the foster care system after their mother suffered a mental health break. When Skylit was 14, her mother died by apparent suicide, and the following year, she said, “I tried to kill myself by running in front of a moving train.”\u003c/p>\n\u003cp>She was physically uninjured but sent to a psychiatric hospital. It wouldn’t be the last time she’d tried to take her own life.\u003c/p>\n\u003cfigure id=\"attachment_11964099\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964099\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-800x949.jpg\" alt=\"\" width=\"800\" height=\"949\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-800x949.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-1020x1210.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-160x190.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-1295x1536.jpg 1295w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED.jpg 1686w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In August 2020, as Syiaah Skylit sat in solitary confinement at Kern Valley State Prison for her own protection, transgender advocates launched a Change.org campaign urging clemency for her. She helped with the design of the artwork. \u003ccite>(Courtesy of Syiaah Skylit, Micah Bazant and Freddie Francis)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Skylit is a slight 5 feet, 5 inches tall with a big, dimpled smile. As a teen and living as a boy, she was bullied for being a flashy dresser, for the way she carried herself. She experimented with a gay relationship, but it left her feeling “confused.” The adults in her life were religious and viewed LGBTQ+ people as sinners. Her brothers were gang members. She did what they asked of her, she said, because “I didn’t want to look weak.”\u003c/p>\n\u003cp>“I couldn’t come out and be myself around people like my family and my friends that I grew up with,” Skylit said. “I grew up in a hard-ass neighborhood. That ain’t about to fly.”\u003c/p>\n\u003cp>Still, she harbored a secret she never shared with her brothers, one even she didn’t fully comprehend.\u003c/p>\n\u003cp>“I would dress up. I would put makeup on. All I understood as a person was, ‘Hey, I like this,’” she said. “So if I like this, why is it so bad? Am I a bad person?”\u003c/p>\n\u003cp>A stint in juvenile detention didn’t stop Skylit from setting her sights on a bright future. She finished high school on time, enrolled in community college, worked multiple jobs and, for a while, paid her rent. But anxiety, depression and drug use interrupted her stability. She’d already been homeless once when, facing eviction in 2012, she and a friend robbed a convenience store in San Bernardino County. It yielded little, so they robbed a Los Angeles County jewelry store — and got caught.\u003c/p>\n\u003cp>At 22, Skylit was facing criminal trials in both counties.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Syiaah Skylit, transgender woman in California prison\"]‘I couldn’t come out and be myself around people like my family and my friends that I grew up with. I grew up in a hard-ass neighborhood. That ain’t about to fly.’[/pullquote]Her first stop was a San Bernardino County jail, where she came out as gay to get to the relative safety of what was then called the “alternative lifestyles tank.” According to a \u003ca href=\"https://www.documentcloud.org/documents/23999484-syiaah2015sanbernardinocolawsuit\">class-action lawsuit (DOC)\u003c/a>, the conditions were distressing: discrimination by staff and denial of basic services. Skylit, under her legal name, was among the named plaintiffs. A settlement led to \u003ca href=\"https://www.documentcloud.org/documents/24002812-sanbernardinoinjunctiverelief\">significant reforms (DOC)\u003c/a>. It was in that jail, she said, where she first learned to advocate for her rights, even in the face of retaliation.\u003c/p>\n\u003cp>It’s also where she first encountered openly transgender women and was blown away by their courage and joyful confidence. In their midst, Skylit said, she at last felt free of judgment, open to self-acceptance. Her next stop — a stint in the segregated LGBTQ+ tank at the Los Angeles County jail — only reinforced those feelings.\u003c/p>\n\u003cp>“That’s when I got a taste of all the ‘T’ and I was just living it,” she said of the ‘T’ for Transgender in the alphabet soup of LGBTQ+. “It was like discovering myself.”\u003c/p>\n\u003cp>She was sentenced to 16 years in prison. It may seem paradoxical, but incarceration gave Skylit breathing room to explore her gender identity. In court, she apologized to her robbery victims. Then, she made a promise to herself to use “every second, every minute” of her time inside “to really find out who I am. I mean, this is a once-in-a-lifetime opportunity that I felt I had.”\u003c/p>\n\u003cp>Skylit entered California’s prison system for men in December 2015. Soon, she chose her new name. “Syiaah” is an acronym — sexy, young, intelligent, ambitious, authentic and heroic. She picked “Sky” as “an inspiration to reach higher limits.” And “lit” is a nod to her hip-hop Compton roots “to be vibrant, live.”\u003c/p>\n\u003cp>“Put it together, it’s ‘I keep the sky lit’,” she said.\u003c/p>\n\u003cp>In keeping with the up-to-date \u003ca href=\"https://www.documentcloud.org/documents/24002874-ama-medical-spectrum-of-gender-d-295312\">medical (DOC)\u003c/a> and \u003ca href=\"https://www.psychiatry.org/psychiatrists/diversity/education/transgender-and-gender-nonconforming-patients\">psychiatric\u003c/a> understanding of gender identity, the Transgender Respect, Agency and Dignity Act doesn’t require incarcerated people to be on hormone replacement therapy or to be interested in gender-affirming surgeries to be transferred to housing that aligns with their sense of safety. During Skylit’s early years in prison, that wasn’t the case.\u003c/p>\n\u003cp>[aside postID=news_11957664 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/08/110822-KernValleyPrison-LV_CM_04-1020x680.jpg']The California Department of Corrections and Rehabilitation \u003cem>did\u003c/em> consider such transfer requests. The federal Prison Rape Elimination Act had since 2012 \u003ca href=\"https://www.prearesourcecenter.org/frequently-asked-questions/does-policy-houses-transgender-or-intersex-inmates-based-exclusively\">forbidden\u003c/a> the department from housing prisoners based solely on external genital anatomy. But the CDCR did it on a case-by-case basis, and the tiny number granted all happened to be for trans women who’d had gender-affirming genital surgery.\u003c/p>\n\u003cp>Not everybody wants that. Gender identity and gender transition are deeply personal. Skylit’s records show she declared her transgender identity on a special CDCR form about a year after arrival — and soon after started \u003ca href=\"https://www.documentcloud.org/documents/24018578-skylit-2019-housing-complaint\">asking to be transferred to a women’s prison (DOC)\u003c/a>. That went nowhere. So Skylit worked to stay true to her transition, even as she was funneled through a series of men’s prisons.\u003c/p>\n\u003cp>“When I tapped into it, despite the long time I was facing, I was happy,” she said. “But that happiness turned into survival real fast.”\u003c/p>\n\u003ch2>Met by violence\u003c/h2>\n\u003cp>Almost immediately, Skylit’s gender identity and small stature made her a target. On several occasions, she said, correctional officers placed her in cells with large men who specifically requested her and then pressured her for sex. When she filed grievances in an attempt to switch cells or responded to physical assaults by fighting, she said, staff responded with Rule Violation Reports, known as RVRs.\u003c/p>\n\u003cp>“The more I would push back,” she said, “the more they would attack me with RVRs.”\u003c/p>\n\u003cp>Still, Skylit pressed on. She requested hormone replacement therapy, and by the time those treatments started, in 2018, she’d been moved to Mule Creek State Prison near the small Sierra foothills town of Ione. It’s one of a dozen or so facilities in the state designated as “transgender hubs.” That means, medical and mental services for trans prisoners are concentrated there, as are prison commissary items unavailable elsewhere, such as sports bras and makeup for trans women, and boxer shorts for trans men.\u003c/p>\n\u003cp>Skylit could finally stop MacGyvering her fashion looks. She could style her hair, wear makeup and earrings. On the prison yard, she said she found a sense of belonging with her trans sisters.\u003c/p>\n\u003cp>“We were out there,” she said. “Having fun, protecting each other.”\u003c/p>\n\u003cp>But even at men’s prisons designated as transgender hubs, trans women were mixed with cisgender men in common areas and their assigned cells. The truer Skylit felt to herself, she said, the greater the danger she experienced.\u003c/p>\n\u003cp>“Yeah, it’s OK to come out and you got a nice little outfit on, but guess what you just did?” she said. “You just called attention to yourself and now you have certain people who are making sexual advances towards you, and some of them don’t stop.”\u003c/p>\n\u003cp>Some of her trans sisters exchanged sex for safety. But even that was no guarantee of safety. Skylit wept while recounting how a close friend staggered out of her cell “with a huge gash in her skull, busted lip, trying to get out of the room that she placed herself in because she wanted to be \u003cem>herself\u003c/em>. And she couldn’t complain to the officers, because they’re not gonna do anything.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Syiaah Skylit, transgender woman in California prison\"]‘Either I’m gonna be who I wanna be or I’m gonna end up dead. Girl, I can’t be dead and be myself at the same time.’[/pullquote]So Skylit found herself facing a soul-crushing choice between her safety and her identity. Skylit drew a line against assault. That meant more fights and more disciplinary write-ups. The hormone treatments caused muscle weakness, so she made another compromise. She began stopping and starting the medications depending on the danger she was facing.\u003c/p>\n\u003cp>“Either I’m gonna be who I wanna be or I’m gonna end up dead,” she said. “Girl, I can’t be dead and be myself at the same time.”\u003c/p>\n\u003cp>As a survival strategy it made sense, but abruptly going on and off hormones brings on acute mood swings. It also heightens \u003ca href=\"https://www.psychiatry.org/psychiatrists/diversity/education/transgender-and-gender-nonconforming-patients/gender-dysphoria-diagnosis\">gender dysphoria\u003c/a>, a mental health diagnosis associated with distress a person can feel at being a gender other than the one assigned at birth. Skylit had experienced that for most of her life, as she hid her true gender identity, and it caused depression, anxiety and suicidal thoughts.\u003c/p>\n\u003cp>As Skylit juggled these stressors, prison officials transferred her again — this time to Kern Valley State Prison, a maximum-security facility in the Central Valley town of Delano that houses some of the state’s most violent offenders. Among them, transgender advocates \u003ca href=\"https://prisonhealth.news/2021/10/29/lgbtq-prison-testimonies-dakota-rose-in-california/\">note\u003c/a>, are gang members known to target LGBTQ+ people in prisons. That’s where she \u003ca href=\"https://sfbayview.com/2021/05/trans-woman-seeks-release-from-cdcr-custody-after-attacks/\">hit a new low\u003c/a>.\u003c/p>\n\u003cp>According to Skylit and a \u003ca href=\"https://www.documentcloud.org/documents/23991903-syiaahkvsp2ndamendedcomplaint2022-03-03\">lawsuit filed on her behalf (DOC),\u003c/a> she was assaulted twice by incarcerated men and witnessed gruesome attacks on two other trans women. Terrified, she says she asked to speak to a sergeant about her safety concerns. Instead, she alleges, two officers followed her into her cell. One pulled down her pants, ran a baton along her bottom and threatened to rape her with it.\u003c/p>\n\u003cp>“And I’m just sitting there like this can’t be real,” she said.\u003c/p>\n\u003cp>[aside postID=news_11954055 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/06/230626-CALIFORNIA-PRISONERS-AP-RP-KQED-1020x735.jpg']That night, she drank from a bottle of laundry detergent in a desperate attempt to get sent to a mental health crisis unit. An officer stripped her of her clothes and left her lying naked in her cell next to the empty bottle. The next day, an officer pepper sprayed her at close range. Others beat her with batons. CDCR does not comment on active litigation. In legal filings, the named officers have denied wrongdoing.\u003c/p>\n\u003cp>Finally, Skylit said, a sergeant agreed to isolate her for her protection. That’s \u003ca href=\"https://www.vera.org/news/violence-torture-and-isolation-what-its-like-to-be-trans-in-prison\">a common fate for trans women\u003c/a>.\u003c/p>\n\u003cp>“It’s sad to be thankful for complete solitary confinement, isolation,” she said.\u003c/p>\n\u003cp>She would stay there for seven months.\u003c/p>\n\u003cp>Skylit had sought help from various attorneys. One responded. Jen Orthwein is a forensic psychologist who once treated transgender clients behind prison walls. They later co-founded a queer-owned law firm to challenge the harsh conditions they’d witnessed. Orthwein worked with other transgender advocates to launch a \u003ca href=\"https://www.change.org/p/gavin-newsom-call-for-the-immediate-release-of-syiaah-skylit-from-cdcr-custody-blacktranslivesmatter?utm_source=share_petition&utm_medium=custom_url&recruited_by_id=cc830240-3ea3-11e9-a4df-e5579d49cec9\">petition\u003c/a> for clemency on Skylit’s behalf.\u003c/p>\n\u003cp>Meanwhile, with colored pencils and paper, Skylit got to work crafting a series of illustrated \u003ca href=\"https://www.documentcloud.org/documents/24018571-its-a-colorful-world-by-syiaah-skylit\">children’s books (DOC)\u003c/a> featuring gender-non-conforming characters. Among them is a rainbow-colored kid named Unique, who is fully embraced by loving parents but bullied on the playground for delighting in toys conventionally meant for both boys and girls.\u003c/p>\n\u003cp>The project helped Skylit reimagine her traumatic past. She also hoped her books might make their way into the world and change the mindset of young readers “to where they’re not growing into hatred, but actually out of it.” She finished two, got started on a third. And that’s where she was when Orthewin gave her the good news. The Transgender Respect, Agency and Dignity Act was state law.\u003c/p>\n\u003cfigure id=\"attachment_11964104\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964104\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-800x533.jpg\" alt=\"Scans of two pages of drawing and text from a hand written book.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Excerpts from ‘It’s a Colorful World.’ \u003ccite>(Courtesy of Syiaah Skylit)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It was like a prayer had been answered,” Skylit said. “Like, ‘This is it!’ This is going to be the beginning of Syiaah Skylit at her best, at completely being herself.”\u003c/p>\n\u003ch2>New perils\u003c/h2>\n\u003cp>Wiener’s bill was years in the making, and he’s quick to note that top CDCR officials were on board. They welcomed advocates to join a working group to brainstorm solutions to unsafe conditions and sought input directly from incarcerated transgender people. The Office of Inspector General detailed in \u003ca href=\"https://www.oig.ca.gov/wp-content/uploads/2020/09/Special-Review-Incarcerated-Transgender-Nonbinary-Intersex-Individuals.pdf\">a 2020 report (PDF)\u003c/a> the painful responses to those surveys.\u003c/p>\n\u003cp>Laws in \u003ca href=\"https://www.acluct.org/en/know-your-rights/know-your-rights-trans-people-who-are-incarcerated-connecticut\">Connecticut\u003c/a>, \u003ca href=\"https://www.documentcloud.org/documents/23991974-952-management-of-gender-diverse-and-intersex-inmates-final-version\">Rhode Island (DOC)\u003c/a> and \u003ca href=\"https://lgbtqbar.org/bar-news/tiproject/ma/\">Massachusetts\u003c/a> call for similar reforms, while \u003ca href=\"https://www.aclu-nj.org/en/press-releases/settlement-nj-civil-rights-suit-promises-necessary-reform-affirming-transgender\">New Jersey\u003c/a> has made comparable policy changes in response to litigation. But advocates who helped craft California’s law say it is the most expansive.\u003c/p>\n\u003cp>Wiener said in an interview that he knew at the start that the magnitude of changes mandated by the law required patience and that it would take time to implement. More recently, though, he’s grown deeply concerned about the way his legislation has played out on the ground. Because, he said, even with senior CDCR management on board, “the culture in the individual prisons is just so challenging that it doesn’t translate.”\u003c/p>\n\u003cfigure id=\"attachment_11964100\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964100\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-800x539.jpg\" alt='A group of people, most wearing the same uniform of blue shirts and pants, stand together holding signs and joined by a person wearing a suit helping to hold a banner reading \"trans lives matter.\"' width=\"800\" height=\"539\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-800x539.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-1020x687.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-160x108.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-1536x1035.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-1920x1294.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sen. Scott Wiener (D-San Francisco) attends CDCR’s first Transgender Remembrance Day in 2019, organized jointly by trans and cisgender incarcerated people. Wiener had already authored the bill that would become the Transgender Respect, Agency and Dignity Act, with buy-in from top CDCR officials. \u003ccite>(California Department of Corrections and Rehabilitation)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officials chose the Central California Women’s Facility, or CCWF, in Chowchilla as the prison where all the trans women would go first. It’s a facility with a \u003ca href=\"https://prisonlaw.com/wp-content/uploads/2016/08/16.08.18-Prison-Law-Office-report-on-CCWF.pdf\">troubled history (PDF)\u003c/a> when it comes to staff accountability.\u003c/p>\n\u003cp>Of a dozen CCWF prisoners interviewed by KQED, all said they heard correctional staff express hostility to the new law even before the transfers began, warning the cisgender population that fakers and sexual predators were heading their way.\u003c/p>\n\u003cp>Tasha Brown, a cisgender woman, said she heard guards say, “The doors were going to be open for people to come in to violate us, to rape us.”\u003c/p>\n\u003cp>Tomas Green, a transgender man, said he heard guards “telling women here that the trans women were men and that they were gonna get raped.”\u003c/p>\n\u003cp>[aside postID=news_11936438 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/12/1920px-CentralCaliforniaWomensFacility-1020x816.jpeg']Alexanne Danis, a cisgender woman, said she heard a lieutenant openly state that the transfers “don’t belong here, that they have to leave.”\u003c/p>\n\u003cp>Officers and fellow cisgender incarcerated people, Danis said, also spoke about driving the new transfers out, “saying that they were gonna stage stuff and that they were gonna make it sound worse than it was if anything did happen.”\u003c/p>\n\u003cp>Michelle Calvin was one of the first transgender women to arrive at CCWF. She helped work on Wiener’s legislation and has since transferred to the lower-security California Institution for Women. She heard the characterizations by staff that trans women were “gonna come over here and rape y’all and beat y’all up and take y’all stuff.”\u003c/p>\n\u003cp>The power to reverse the law, she heard officers tell incarcerated people, rested in their hands: “Take your house back. Take your prison back.”\u003c/p>\n\u003cp>Advocates who helped craft the law were well aware of this toxic environment. They say they pressed officials to allow them to hold a town hall at the women’s prison to defuse these narratives before the transfers began. It never happened.\u003c/p>\n\u003cp>Meanwhile, the trans women who began arriving in the first half of 2021 had no idea what they were stepping into.\u003c/p>\n\u003cp>Orthwein, Skylit’s attorney, was part of the working group that informed the new law and said key CDCR decisions around implementation proved harmful. The new arrivals were held in segregation for their first month. There, they were issued new prison identification numbers beginning with a distinctive two-letter combination. Instead of “some semblance of privacy about their transgender status,” which advocates had pressed for, this immediately outed them, feeding hostility and rejection.\u003c/p>\n\u003cp>CCWF houses people in dorms, as many as eight to a room. Without exception, the trans women interviewed by KQED said they have been refused entry to dorms by prisoners who viewed them as “men.”\u003c/p>\n\u003cp>On Skylit’s first day in the general population, in mid-July 2021, guards started writing her up for minor violations. Within a month, she was in solitary confinement, accused of having a consensual relationship with her cisgender female bunkmate.\u003c/p>\n\u003cp>Sex is against prison rules systemwide, but every CCWF prisoner interviewed for this piece said it’s extremely common, especially in women’s prisons.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Tomas Green, transgender man in California prison\"]‘At the end of the day, we’re humans. I’m not saying every relationship in here is just peachy perfect, no. You have a lot of relationships in here that are toxic — fight, argue. But that’s life in the free world.’[/pullquote]“Yes, you’re not supposed to have sex but it happens. It’s natural and there’s nothing that’s gonna stop it from happening,” said Giovanni Gonzales, a transgender man who runs a group to educate peers about gender identity.\u003c/p>\n\u003cp>Relationships form quickly.\u003c/p>\n\u003cp>“At the end of the day, we’re humans,” Green said. “I’m not saying every relationship in here is just peachy perfect, no. You have a lot of relationships in here that are toxic — fight, argue. But that’s life in the free world.”\u003c/p>\n\u003cp>Still, while sex and intimacy may be universal, punishment is not.\u003c/p>\n\u003cp>Gonzales and Green said staff often turn a blind eye to cisgender women who couple up, especially if they express their gender in stereotypically feminine ways. If a transgender man is caught being amorous, they said, a rule violation is more likely. As for the trans women who were just arriving at CCWF, a harsher set of unwritten rules seemed to apply.\u003c/p>\n\u003cp>One cisgender couple in Skylit’s dorm had been having regular sex without consequence, she said. As Skylit was handcuffed and written up for her relationship, she asked an officer why she was going to isolation and the bunkmate wasn’t. He replied, “Because you’re a man and she’s a woman.”\u003c/p>\n\u003cp>At a hearing to discuss her situation, records show that Acting Warden Michael Pallares told her he would push to send her back to men’s prison. She claimed he was hostile, “calling me a predator, saying that I’m preying on women.”\u003c/p>\n\u003cp>In men’s prison, Skylit had lived in constant fear of sexual assault. Now \u003cem>she \u003c/em>was cast as a sexual predator. Her disciplinary paperwork relied on “confidential sources” to suggest she was faking her status because she “displays very masculine behavior when with the inmate population.”\u003c/p>\n\u003cp>In isolation, according to grievances and a government claim filed by Orthwein, Skylit’s gender identity was undermined. She had trouble accessing her hormones and was denied a razor for 40 days straight. She grew a full beard.\u003c/p>\n\u003cp>“People screaming at me, yelling at me, calling me a man, and I need to go back to the men’s prison,” she said. “‘Look at the hair on yo’ face.’ [I was] pleading, pleading, pleading, ‘Please give me a razor, please give me a razor,’ and denied every time.”\u003c/p>\n\u003cp>A psychologist misgendered Skylit in a report, yet \u003ca href=\"https://www.documentcloud.org/documents/24018435-psychologist-note-razors-clothing\">noted (DOC)\u003c/a> that an extended stay in isolation would likely increase her mental health symptoms.\u003c/p>\n\u003cp>In the months that followed, Skylit was sent multiple times to a mental health unit for being suicidal. She was bumped up to a more intensive level of mental health care. Yet she remained in solitary confinement for eight months. Then, without explanation, Pallares released her to the general population.\u003c/p>\n\u003cp>Her freedom wouldn’t last.\u003c/p>\n\u003ch2>‘What did you all do to our homegirl?’\u003c/h2>\n\u003cp>Skylit’s time in isolation had taken a toll. On the yard, she said she made enemies when she responded to threats and harassment with aggressive posturing and language. She said she tried not to engage, hanging out and playing cards every day with a couple of other trans women and one cisgender woman who was sweet on her.\u003c/p>\n\u003cp>“We would hold hands,” she said. “We would hug, we would kiss.”\u003c/p>\n\u003cp>Prison officials aren’t supposed to penalize trans women more harshly for breaking rules that cisgender prisoners also break, like the one forbidding any behavior that could lead to sex. But the atmosphere around these relationships, interviews and records reveal, was tense and complex.\u003c/p>\n\u003cp>While some cisgender women feared or lashed out at the new arrivals, others were eager to partner with them. Of a half-dozen transgender women at CCWF who were interviewed by KQED, the five who have not had gender-affirming genital surgery, said they’ve been subject to sexual advances.\u003c/p>\n\u003cp>[aside postID=news_11955680 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-180517172-1020x680.jpg']Meanwhile, \u003ca href=\"https://www.documentcloud.org/documents/24016207-mossgroup-sb132-cdcr-assessment-report\">a report (DOC)\u003c/a> on the implementation of the new law commissioned by CDCR found that a “sexualized environment, including being sexually pressured or pursued,” was among the reasons given by transgender women who voluntarily returned to men’s prison. Other reasons included “hostile reception from staff or incarcerated individuals,” “false allegations to be removed from room” and “issues with getting hygiene items, such as razors.”\u003c/p>\n\u003cp>In men’s prison, Skylit said, consensual sex generally went unpunished. That made it hard for her to imagine just how much the bond with her new “bestie” would cost her.\u003c/p>\n\u003cp>On May 19, 2022, Skylit and her friends were on the yard drinking prison-made wine, disciplinary records show. Skylit and her girlfriend were kissing. A few minutes after Skylit went to use the porta-potty, she said, the girlfriend followed her in and started throwing up.\u003c/p>\n\u003cp>Skylit said she was holding her hair back when Calvin, one of the trans friends she played cards with, let her know a guard was approaching. Skylit stepped out and asked a couple of other people to check on the girlfriend.\u003c/p>\n\u003cp>They “opened the door and they say, ‘What did you all do to our homegirl? We don’t know what you two doing, we don’t know what’s going on over here,’” Skylit recounted. “And I said, ‘We just been drinking and she was in the thing throwing up.’ But now, it’s a commotion. It’s a crowd coming up.”\u003c/p>\n\u003cp>According to Skylit and two other witnesses, the girlfriend came out, and the guard scolded them. “She was like, ‘I’m OK bestie, I love you so much,’ and I hugged her and I walked away.”\u003c/p>\n\u003cp>Rumors about a rape started circulating. Skylit said she heard it “from like one or two people. It wasn’t \u003cem>big\u003c/em> until the next day.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Syiaah Skylit, transgender woman in California prison\"]‘They were surrounding me and pushing me and spitting on me and swinging at me.’[/pullquote]By then, a fictional narrative had taken shape: In those few moments inside the porta-potty, Skylit had committed rape, while Calvin stood guard. To be clear, prison officials never accused her of rape or sexual assault. The girlfriend told them — and KQED — that it never happened. Still, the rumors proved to be Skylit’s undoing.\u003c/p>\n\u003cp>That next day, according to Skylit and five witnesses, as she was returning from a mental health appointment, she was roughed up on the yard by 12 to 15 incarcerated people who called her “nothing but a rapist.”\u003c/p>\n\u003cp>“They were surrounding me and pushing me and spitting on me and swinging at me,” she said.\u003c/p>\n\u003cp>KQED obtained video of the incident through a public records request. There’s no audio, but the grainy image shows Skylit, who had a pass to be on the yard, doing an about-face as a group of incarcerated people in civilian clothes approached her. One appears to throw liquid at her. A few shove and punch her. She gets agitated. At one point, it’s clear that she’s yelling. But she mostly keeps her arms crossed. She never hits back. Still, she is the only one punished.\u003c/p>\n\u003cp>https://youtu.be/nS5qpi-NXfE\u003c/p>\n\u003cp>\u003cem>As Syiaah Skylit, wearing a long-sleeved white shirt under her prison blues, walked through the yard at Central California Women’s Facility in May 2022, she was accosted by incarcerated people who accused her of being a rapist. Courtesy of the California Department of Corrections and Rehabilitation.\u003c/em>\u003c/p>\n\u003cp>She’d been out of solitary confinement for just four weeks. She went right back in — and she hasn’t come out in more than a year.\u003c/p>\n\u003cp>A sergeant who, the video shows, does not walk out to the yard until Skylit is handcuffed, wrote her \u003ca href=\"https://www.documentcloud.org/documents/24018553-referring-to-sexual-intercourse-through-rape\">rule violation report (DOC)\u003c/a>. He states that he heard her yell, “I’m gonna f- you bitches,” and a few variations on that theme. Then, using her legal name, he adds an editorial aside: “It should be known that when [Skylit] mentioned f-, [Skylit] was referring to sexual intercourse through rape.”\u003c/p>\n\u003cp>CCWF initially accused Skylit of “threatening the life of a prisoner,” and referred her to the local district attorney for felony prosecution. It didn’t stick. Ultimately, her writeup was reduced to “behavior which could lead to violence.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Syiaah Skylit, transgender woman in California prison\"]‘It’s sad to be thankful for complete solitary confinement, isolation.’[/pullquote]In her defense, Skylit pointed to the video as evidence that she wasn’t the aggressor and that others had committed violence against \u003cem>her.\u003c/em> Records show that the senior hearing officer called the video “irrelevant.”\u003c/p>\n\u003cp>CDCR does not comment on specific incarcerated people. Asked to respond to the behavior of the sergeant, it said state regulations forbid discrimination by staff and grant incarcerated people the right to be treated “respectfully, impartially, and fairly by all employees.”\u003c/p>\n\u003cp>Skylit was far from alone in experiencing false allegations. Of the trans women at CCWF interviewed by KQED, each said they had been similarly targeted by others who were incarcerated and even by staff. Most were sent to solitary confinement pending investigations. Some were already there when they said they were framed.\u003c/p>\n\u003cp>Fancy Lipsey, records show, spent seven months in isolation after she was physically assaulted by other incarcerated people. As soon as she got out, a cisgender woman “went over to the officers and told them that I touched her vagina and her breasts in the dayroom.”\u003c/p>\n\u003cp>They reviewed the video on the spot “and saw that I was nowhere near this woman.” Still, they told Lipsey they were taking her back to solitary confinement. That’s when she cut her wrists, ending up on suicide watch instead.\u003c/p>\n\u003cp>Calvin said she was punished after a roommate “went up to the program office and said I supposedly choked” another cisgender woman in their dorm in the middle of the night. The allegation came days after the alleged assault, which no one witnessed or reported at the time. Calvin said it took months to clear her name.\u003c/p>\n\u003cp>Tremayne Carroll, a trans woman who uses a wheelchair, said that after she rebuffed sexual advances from a cisgender woman, that woman yelled to guards that Carroll had sexually assaulted her. When that went nowhere, the woman changed her story and said the two had had consensual sex.\u003c/p>\n\u003cp>Freddy Fox, an intersex prisoner who identifies as a trans woman and goes by “Foxy,” said she landed in solitary confinement after being assaulted. Alone in her cell in the weeks that followed, she was verbally harassed and accused of sexual impropriety.\u003c/p>\n\u003cp>“They would allege that I had exposed myself, then I’d have to go to the cameras to show that I did not expose myself,” Foxy said. The officers would then reduce the write-up to a lesser violation, she said, “but it’s still a sexual misconduct! That was the go-to thing in 2021 when we first arrived.”\u003c/p>\n\u003ch2>‘Porta-potty rapist’\u003c/h2>\n\u003cp>Skylit’s case stands out in one crucial way: The false rape allegation went viral. Her chosen and legal names ended up all \u003ca href=\"https://reduxx.info/exclusive-female-inmate-reports-rape-occurred-in-california-womens-prison/\">over the internet.\u003c/a> One outlet called her the perpetrator of a “\u003ca href=\"https://justthenews.com/government/courts-law/alleged-port-potty-rape-throws-harsh-glare-california-coed-prison-law-after\">port-a-potty rape\u003c/a>.”\u003c/p>\n\u003cp>That’s because, as soon as the Transgender Respect, Agency and Dignity Act went into effect, an anti-trans organization called the Women’s Liberation Front started working to roll it back.\u003c/p>\n\u003cp>In November 2021, it filed \u003ca href=\"https://www.documentcloud.org/documents/22276203-chandlervcdcrcomplaint\">a lawsuit (DOC)\u003c/a> in federal court alleging the law violates the constitutional rights of cisgender women by forcing them to be housed with trans women who still have male genitalia. Simply having them there, the pending suit alleges, “substantially” increases the risk “of sexual harassment, sexual assault, rape, and physical violence, and to psychological fear of such harms.”\u003c/p>\n\u003cp>The Women’s Liberation Front was looking for a villain. The rumors about Skylit fit its narrative perfectly. Even though there were no eyewitnesses, no prison investigation and a girlfriend who \u003ca href=\"https://www.documentcloud.org/documents/22276218-43-3-asia-davis-declaration\">said the rape never happened (DOC)\u003c/a>, attorneys for the organization gathered hearsay declarations. The attorney handed them over to anti-trans websites and \u003ca href=\"https://www.documentcloud.org/documents/22276220-decl-of-plaintiff-supporter-mimi-lee-alleging-rape-of-ad-in-opposition-to-dismissal-033113109979\">attached them to a motion in the legal docket (DOC)\u003c/a>, making the declarations public record.\u003c/p>\n\u003cp>On the tier in solitary confinement, the taunts of “porta-potty rapist” have been endless.\u003c/p>\n\u003cp>[aside label='More on LGBTQI+ Rights' tag='transgender-rights']“I tell people, stop calling me that,” Skylit said. “Then, I’m a problem because I say things like, ‘Well, if I’m a rapist, then you a rapist,’ and then it’s like, ‘Oh, now he’s a threat, he’s arguing, he’s aggressive.’ I’m in a cage. By myself.”\u003c/p>\n\u003cp>Skylit said cisgender incarcerated people have threatened to stab her, even chop off her penis. They’ve done it in front of officers without consequence. Yet just about every time she has erupted with verbal threats, she is written up. Prison officials have used the outbursts, and the enemies she’s made, as justification to keep her in solitary confinement, labeling her a “threat to the management and security of the institution.”\u003c/p>\n\u003cp>Some prisoners in solitary confinement — what CDCR calls restricted housing — are allowed cellmates for company. Skylit has had to cell alone. Some are allowed onto an open yard. But Skylit was designated a potential threat to others, so she has had to exercise in a cage that’s about 12-by-8 feet, often surrounded by other incarcerated people who insult her. When she attends her mental health groups, she is among those who must sit in a cage the size of a telephone booth called a “therapeutic module.”\u003c/p>\n\u003cp>Multiple \u003ca href=\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6987940/\">studies \u003c/a>confirm how damaging long-term solitary confinement is to mental health. So it’s no surprise that Skylit has struggled. Records show she has harmed herself on several occasions, once punching the wall until her hand bled. After that incident, for a few weeks in August 2022, she was medicated against her will with high doses of antipsychotic drugs. Too drugged to mount a defense, she was found guilty of multiple rule violations.\u003c/p>\n\u003cp>A judge determined the prison violated her civil rights by force-medicating her. For Skylit, it was an important victory. But the whole experience eroded her faith in the prison mental health system. As the months ticked by, she went off all her medications — not just the hormones, but also the ones that treat depression, anxiety and post-traumatic stress disorder.\u003c/p>\n\u003ch2>Shattered trust\u003c/h2>\n\u003cp>It’s important to note that many cisgender incarcerated people at CCWF with histories of sexual victimization were truly scared of the newly arriving transgender women. Some still are. The fear-mongering from staff and outside anti-trans groups has not helped. But those fears appear to be unfounded.\u003c/p>\n\u003cp>KQED requested discipline data from CCWF. In the two years after the new law took effect, staff did not issue a single rule violation for physical or sexual violence to the trans women who came over from men’s prisons.\u003c/p>\n\u003cp>Meanwhile, write-ups for violence were common in the rest of the prison population, including for fighting, assault and battery on prisoners and staff, and even inciting a riot. The data also show that the new arrivals under the law were six times more likely than other CCWF prisoners to be punished for behavior that could lead to consensual sex.\u003c/p>\n\u003cp>As it happens, there was a violent predator at CCWF. Allegedly, there was more than one and they weren’t transgender women. They were cisgender men, employees of the state.\u003c/p>\n\u003cp>In May 2023, as Skylit struggled to hold onto herself in her solitary cell, she heard the news that Gregory Rodriguez, a longtime guard at CCWF, was facing a 96-count criminal complaint for allegedly sexually assaulting more than a dozen incarcerated women over the course of years.\u003c/p>\n\u003cp>He’d been allowed to retire in August 2022 while under investigation. In addition to those charges, six women filed lawsuits under Jane Roe or Jane Doe pseudonyms against Rodriguez in federal court, contending he lured them to a suite of offices where there are no cameras and forcibly raped them. One of these alleged assaults took place on May 20, 2022, the same day that the crowd surrounded Skylit and called \u003cem>her\u003c/em> a rapist.\u003c/p>\n\u003cp>CDCR \u003ca href=\"https://www.sacbee.com/news/local/crime/article280162624.html\">settled those suits\u003c/a> earlier this month for $3.7 million. More lawsuits have been filed alleging sexual assaults by CCWF employees. Four of the named victims are transgender women, Skylit among them. Her \u003ca href=\"https://www.documentcloud.org/documents/24018568-skylitsexabusecomplaintaug14_2023\">lawsuit (DOC)\u003c/a> contends that Rodriguez and Pallares, the warden who called her a predator, each demanded sexual favors from her in the spring of 2022 “for the purpose of humiliating, degrading and demeaning” her.\u003c/p>\n\u003cp>“For him to have me come into that room, it’s just so dirty,” Skylit said. “I feel dirty.”\u003c/p>\n\u003cp>Pallares was demoted in January after the Rodriguez scandal broke. Currently, an associate warden at Pleasant Valley State Prison, he declined comment. Prison officials wouldn’t say whether Pallares was under investigation. But in a statement, officials said CDCR investigates all sexual assault allegations, and “resolutely condemns any staff member who violates their oath and shatters the trust of the public.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Syiaah Skylit, transgender woman in California prison\"]‘I don’t even understand who I am anymore. I’m full of anger. Hatred, ooh, hatred is huge for me right now. I’m lost, I’m completely lost.’[/pullquote]The totality of Skylit’s experience has left \u003cem>her \u003c/em>shattered.\u003c/p>\n\u003cp>“They come to my door every day asking me if I want to take my hormones. No, I don’t want to take no hormones,” she told KQED in March after 10 months of isolation. “I don’t even understand who I am anymore. I’m full of anger. Hatred, ooh, hatred is huge for me right now. I’m lost, I’m completely lost.”\u003c/p>\n\u003cp>Spending more than two years in solitary confinement means she hasn’t had access to the kind of programming that would earn her good-time credits and earlier release, like school, work and vocational training. She has never laid a finger on another prisoner or an officer, but her disciplinary write-ups have nevertheless added more than a year to her original 16-year sentence.\u003c/p>\n\u003cp>Prison officials are again recommending that Skylit be returned to a men’s prison. It requires a hearing that’s already been postponed for 17 months. She’s flip-flopped on whether to go back voluntarily. Being stuck in a box is destroying her, she said, and getting back into the general population may help her get out sooner. But with being falsely labeled a rapist, she’s terrified.\u003c/p>\n\u003cp>“They will kill me,” she said.\u003c/p>\n\u003cp>If she does end up back in men’s prison, she shared in an emotional phone call, she plans to keep her gender identity secret. To prepare for the possibility, she started working out so she could fight for her life. She sold her earrings. And she cut off all her hair. She’d been growing it out for more than eight years, ever since those trans women in county jail lit a fire inside her.\u003c/p>\n\u003cp>Making herself “bald-headed” as she said, was a painful act of surrender.\u003c/p>\n\u003cp>Skylit also threw away the trans-friendly children’s books she’d worked so hard to bring to life.\u003c/p>\n\u003cp>“I told myself, I’m not gonna get emotional or emo with this stuff no more,” she said.\u003c/p>\n\u003ch2>A path forward\u003c/h2>\n\u003cp>California’s law was meant to protect transgender women, but the culture at CCWF and rising anti-trans fervor all over the country have exposed them to new traumas. Implementation has been slow. A \u003ca href=\"https://www.oig.ca.gov/wp-content/uploads/2023/08/Special-Review-No.-22-01.pdf\">report (PDF)\u003c/a> issued in late August by the current inspector general noted a “significant backlog” in transfer requests.\u003c/p>\n\u003cp>Of nearly 400 incarcerated people who’ve requested housing transfers under the law — the vast majority transgender women asking to move to women’s prison — more than 300 are still waiting for a committee to hear their case. Many live in daily fear of sexual and physical assault, said A.D. Lewis, an attorney who runs Trans Beyond Bars, a project for the Berkeley-based Prison Law Office.\u003c/p>\n\u003cp>A transgender man, Lewis regularly communicates with trans-incarcerated people.\u003c/p>\n\u003cp>The three dozen or so trans women who made it to CCWF — most during the first six months of implementation — are the vanguard. Many, like Skylit, have suffered. A small number have been transferred to the California Institution for Women, a lower security prison in San Bernardino County, where they say conditions are slightly better.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jen Orthwein, forensic psychologist, co-founder of Medina Orthwein LLP\"]‘These systems are so built to destroy people, and if they survive and get out, they’re not better and they’re often much worse.’[/pullquote]In a statement, CDCR said it is working to implement some of the changes \u003ca href=\"https://www.documentcloud.org/documents/24016207-mossgroup-sb132-cdcr-assessment-report\">recommended by outside consultants (DOC)\u003c/a> earlier this year and is committed to providing “a safe, humane, respectful and rehabilitative environment for all incarcerated people, including the transgender, non-binary and intersex community.”\u003c/p>\n\u003cp>Advocates acknowledge that the cycles of harm continue.\u003c/p>\n\u003cp>“Instead of respecting trans people’s self-determination and prioritizing their safety, as the law requires,” Lewis said, correctional staff and other incarcerated people have used it “to put a target on trans peoples’ back.”\u003c/p>\n\u003cp>Shortly after prison officials received KQED’s questions for this story in September, CCWF revoked all phone privileges for Skylit and others in solitary confinement. In an email to KQED after the initial publication of this story, a CDCR official said the revocation of phone privileges was a policy change ending what had been a temporary, more liberal phone privileges policy instituted in the early days of the COVID pandemic. \u003c/p>\n\u003cp>Skylit’s attorney worries about the impact of the trauma on her future.\u003c/p>\n\u003cp>“These systems are so built to destroy people, and if they survive and get out, they’re not better and they’re often much worse,” Orthwein said.\u003c/p>\n\u003cp>In a letter sent in July 2023 to Newsom, nearly two-dozen advocacy and legal organizations pressing for better treatment for transgender, nonbinary and intersex prisoners \u003ca href=\"https://www.documentcloud.org/documents/23991938-tni-coalition-letter-to-governor-newsom-71723pdf-2\">urged clemency (DOC)\u003c/a> for those who have experienced harm in prison.\u003c/p>\n\u003cp>Wiener, meanwhile, expressed deep frustration with the pace of implementation. In response to KQED’s findings, he said he was “horrified to hear how trans women are being treated in women’s prison, both by the prisons and by other inmates. The fact that they’re being treated harshly and slandered, called rapists when they’re not, it’s terrifying and we’re not going to just let this go.”\u003c/p>\n\u003cp>\u003cem>Lee Romney is a longtime journalist who spent 23 years at the \u003c/em>Los Angeles Times\u003cem>. Jennifer Johnson is a former career public defender who helped launch San Francisco’s Behavioral Health Court. This reporting, supported by the Fund for Investigative Journalism and the California Health Care Foundation, is part of a forthcoming podcast they’re co-creating. Called \u003c/em>\u003ca href=\"https://www.novemberinmysoul.com/\">\u003cem>November In My Soul\u003c/em>\u003c/a>\u003cem>, it explores the way bias makes its way into our intertwined mental health and criminal legal systems.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"California’s Transgender Respect, Agency and Dignity Act was meant to protect transgender people, but the culture at state prisons and rising anti-trans fervor throughout the country have exposed them to new traumas.","status":"publish","parent":0,"modified":1698096184,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":155,"wordCount":7792},"headData":{"title":"California Prisons Fail to Uphold Transgender Rights Despite State Law | KQED","description":"California’s Transgender Respect, Agency and Dignity Act was meant to protect transgender people, but the culture at state prisons and rising anti-trans fervor throughout the country have exposed them to new traumas.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC2105203052.mp3?updated=1697154277","nprByline":"\u003ca href=\"https://www.novemberinmysoul.com/about/#62b093f21c801819ce513743\">Lee Romney and Jenny Johnson\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11964027/california-prisons-fail-to-uphold-transgender-rights-despite-state-law","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Warning: There are descriptions of physical and sexual violence in this piece. Also, where legal names and chosen names differ, we’re using chosen names.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">S\u003c/span>\u003c/p>\u003cp>yiaah Skylit had been stuck in solitary confinement at a maximum-security men’s prison for months when, in the fall of 2020, she got the news that gave her hope: Gov. Gavin Newsom had signed the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB132\">Transgender Respect, Agency and Dignity Act\u003c/a>.\u003c/p>\n\u003cp>Authored by state Sen. Scott Wiener (D-San Francisco), the law requires California prison staff to use the chosen pronouns of incarcerated people who are intersex or identify as nonbinary or transgender, as Skylit does.\u003c/p>\n\u003cp>It allows those incarcerated people to \u003ca href=\"https://www.cdcr.ca.gov/prea/sb-132-faqs/\">select a gender preference for the guards who search them\u003c/a>. Most significantly, it mandates that prison officials, under most circumstances, honor requests to be housed at the type of facility — male or female — that aligns with the incarcerated person’s gender identity.\u003c/p>\n\u003cp>For six years, the California Department of Corrections and Rehabilitation bounced Skylit from one men’s prison to another. At each, safety proved elusive. By 2020, she was isolated in a cell for her own protection after brutal attacks by people she was incarcerated with and, \u003ca href=\"https://www.documentcloud.org/documents/23991903-syiaahkvsp2ndamendedcomplaint2022-03-03\">a lawsuit alleges (PDF)\u003c/a>, by guards.\u003c/p>\n\u003cp>The prospect of serving out her remaining sentence in a women’s facility seemed nothing short of a miracle.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“For me, what it felt like was a sanctuary,” she said in one of several dozen interviews with KQED over the course of a year. “A place to be who you were meant to be without any retaliation, without any violence, without any judgment.”\u003c/p>\n\u003cp>Decades have passed since simply \u003ca href=\"https://www.kqed.org/news/11917624/how-a-young-gay-man-survived-one-of-the-darkest-eras-in-california-queer-history\">being LGBTQ+ was considered a crime and a mental illness\u003c/a>. But bias and marginalization still lead to high rates of criminalization, especially for \u003ca href=\"https://transequality.org/sites/default/files/docs/resources/NTDS_Report.pdf\">Black trans women (PDF)\u003c/a> like Skylit. Once incarcerated, harsh prison conditions take a serious toll on mental health.\u003c/p>\n\u003cp>\u003ca href=\"https://cpb-us-e2.wpmucdn.com/sites.uci.edu/dist/0/1149/files/2013/06/BulletinVol2Issue2.pdf\">Studies (PDF)\u003c/a>, \u003ca href=\"https://transequality.org/sites/default/files/docs/usts/USTS%20Full%20Report%20-%20FINAL%201.6.17.pdf\">surveys (PDF)\u003c/a> and \u003ca href=\"https://bjs.ojp.gov/content/pub/pdf/pdca15.pdf\">federal data (PDF)\u003c/a> show that trans women held in men’s prisons are sexually and physically assaulted at rates as much as 13 times higher than cisgender men. When they report assaults or fears for their safety, they’re often met with \u003ca href=\"https://www.documentcloud.org/documents/23991938-tni-coalition-letter-to-governor-newsom-71723pdf-2\">staff retaliation (PDF)\u003c/a>. It’s not uncommon for trans women to harm themselves — just to get to the safety of a prison mental health bed. Skylit had lived that, too.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘For me, what it felt like was a sanctuary. A place to be who you were meant to be without any retaliation, without any violence, without any judgment.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Syiaah Skylit, transgender woman in California prison","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Transgender Respect, Agency and Dignity Act promised an end to those nightmares.\u003c/p>\n\u003cp>“No more having to hide in fear,” Skylit said. “No more having to be quiet about who I really am. I was excited. I couldn’t wait.”\u003c/p>\n\u003cp>This story is a result of a year-long investigation into the effectiveness of the legislation that aimed to reduce the trauma of transgender women in California’s prisons. KQED’s reporters interviewed a dozen incarcerated people and reviewed data along with several hundred pages of prison grievances, disciplinary records and legal filings. The reporting revealed that trans women like Skylit and many others transferred to a women’s prison under the new law have not found the sanctuary they were seeking.\u003c/p>\n\u003cp>For Skylit, the nightmares have only gotten worse.\u003c/p>\n\u003ch2>Living with secrets\u003c/h2>\n\u003cp>Skylit grew up in Compton. When she was 5, she and her siblings entered the foster care system after their mother suffered a mental health break. When Skylit was 14, her mother died by apparent suicide, and the following year, she said, “I tried to kill myself by running in front of a moving train.”\u003c/p>\n\u003cp>She was physically uninjured but sent to a psychiatric hospital. It wouldn’t be the last time she’d tried to take her own life.\u003c/p>\n\u003cfigure id=\"attachment_11964099\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964099\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-800x949.jpg\" alt=\"\" width=\"800\" height=\"949\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-800x949.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-1020x1210.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-160x190.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED-1295x1536.jpg 1295w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Free-Syiaah-social-KQED.jpg 1686w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In August 2020, as Syiaah Skylit sat in solitary confinement at Kern Valley State Prison for her own protection, transgender advocates launched a Change.org campaign urging clemency for her. She helped with the design of the artwork. \u003ccite>(Courtesy of Syiaah Skylit, Micah Bazant and Freddie Francis)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Skylit is a slight 5 feet, 5 inches tall with a big, dimpled smile. As a teen and living as a boy, she was bullied for being a flashy dresser, for the way she carried herself. She experimented with a gay relationship, but it left her feeling “confused.” The adults in her life were religious and viewed LGBTQ+ people as sinners. Her brothers were gang members. She did what they asked of her, she said, because “I didn’t want to look weak.”\u003c/p>\n\u003cp>“I couldn’t come out and be myself around people like my family and my friends that I grew up with,” Skylit said. “I grew up in a hard-ass neighborhood. That ain’t about to fly.”\u003c/p>\n\u003cp>Still, she harbored a secret she never shared with her brothers, one even she didn’t fully comprehend.\u003c/p>\n\u003cp>“I would dress up. I would put makeup on. All I understood as a person was, ‘Hey, I like this,’” she said. “So if I like this, why is it so bad? Am I a bad person?”\u003c/p>\n\u003cp>A stint in juvenile detention didn’t stop Skylit from setting her sights on a bright future. She finished high school on time, enrolled in community college, worked multiple jobs and, for a while, paid her rent. But anxiety, depression and drug use interrupted her stability. She’d already been homeless once when, facing eviction in 2012, she and a friend robbed a convenience store in San Bernardino County. It yielded little, so they robbed a Los Angeles County jewelry store — and got caught.\u003c/p>\n\u003cp>At 22, Skylit was facing criminal trials in both counties.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I couldn’t come out and be myself around people like my family and my friends that I grew up with. I grew up in a hard-ass neighborhood. That ain’t about to fly.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Syiaah Skylit, transgender woman in California prison","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Her first stop was a San Bernardino County jail, where she came out as gay to get to the relative safety of what was then called the “alternative lifestyles tank.” According to a \u003ca href=\"https://www.documentcloud.org/documents/23999484-syiaah2015sanbernardinocolawsuit\">class-action lawsuit (DOC)\u003c/a>, the conditions were distressing: discrimination by staff and denial of basic services. Skylit, under her legal name, was among the named plaintiffs. A settlement led to \u003ca href=\"https://www.documentcloud.org/documents/24002812-sanbernardinoinjunctiverelief\">significant reforms (DOC)\u003c/a>. It was in that jail, she said, where she first learned to advocate for her rights, even in the face of retaliation.\u003c/p>\n\u003cp>It’s also where she first encountered openly transgender women and was blown away by their courage and joyful confidence. In their midst, Skylit said, she at last felt free of judgment, open to self-acceptance. Her next stop — a stint in the segregated LGBTQ+ tank at the Los Angeles County jail — only reinforced those feelings.\u003c/p>\n\u003cp>“That’s when I got a taste of all the ‘T’ and I was just living it,” she said of the ‘T’ for Transgender in the alphabet soup of LGBTQ+. “It was like discovering myself.”\u003c/p>\n\u003cp>She was sentenced to 16 years in prison. It may seem paradoxical, but incarceration gave Skylit breathing room to explore her gender identity. In court, she apologized to her robbery victims. Then, she made a promise to herself to use “every second, every minute” of her time inside “to really find out who I am. I mean, this is a once-in-a-lifetime opportunity that I felt I had.”\u003c/p>\n\u003cp>Skylit entered California’s prison system for men in December 2015. Soon, she chose her new name. “Syiaah” is an acronym — sexy, young, intelligent, ambitious, authentic and heroic. She picked “Sky” as “an inspiration to reach higher limits.” And “lit” is a nod to her hip-hop Compton roots “to be vibrant, live.”\u003c/p>\n\u003cp>“Put it together, it’s ‘I keep the sky lit’,” she said.\u003c/p>\n\u003cp>In keeping with the up-to-date \u003ca href=\"https://www.documentcloud.org/documents/24002874-ama-medical-spectrum-of-gender-d-295312\">medical (DOC)\u003c/a> and \u003ca href=\"https://www.psychiatry.org/psychiatrists/diversity/education/transgender-and-gender-nonconforming-patients\">psychiatric\u003c/a> understanding of gender identity, the Transgender Respect, Agency and Dignity Act doesn’t require incarcerated people to be on hormone replacement therapy or to be interested in gender-affirming surgeries to be transferred to housing that aligns with their sense of safety. During Skylit’s early years in prison, that wasn’t the case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11957664","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/08/110822-KernValleyPrison-LV_CM_04-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The California Department of Corrections and Rehabilitation \u003cem>did\u003c/em> consider such transfer requests. The federal Prison Rape Elimination Act had since 2012 \u003ca href=\"https://www.prearesourcecenter.org/frequently-asked-questions/does-policy-houses-transgender-or-intersex-inmates-based-exclusively\">forbidden\u003c/a> the department from housing prisoners based solely on external genital anatomy. But the CDCR did it on a case-by-case basis, and the tiny number granted all happened to be for trans women who’d had gender-affirming genital surgery.\u003c/p>\n\u003cp>Not everybody wants that. Gender identity and gender transition are deeply personal. Skylit’s records show she declared her transgender identity on a special CDCR form about a year after arrival — and soon after started \u003ca href=\"https://www.documentcloud.org/documents/24018578-skylit-2019-housing-complaint\">asking to be transferred to a women’s prison (DOC)\u003c/a>. That went nowhere. So Skylit worked to stay true to her transition, even as she was funneled through a series of men’s prisons.\u003c/p>\n\u003cp>“When I tapped into it, despite the long time I was facing, I was happy,” she said. “But that happiness turned into survival real fast.”\u003c/p>\n\u003ch2>Met by violence\u003c/h2>\n\u003cp>Almost immediately, Skylit’s gender identity and small stature made her a target. On several occasions, she said, correctional officers placed her in cells with large men who specifically requested her and then pressured her for sex. When she filed grievances in an attempt to switch cells or responded to physical assaults by fighting, she said, staff responded with Rule Violation Reports, known as RVRs.\u003c/p>\n\u003cp>“The more I would push back,” she said, “the more they would attack me with RVRs.”\u003c/p>\n\u003cp>Still, Skylit pressed on. She requested hormone replacement therapy, and by the time those treatments started, in 2018, she’d been moved to Mule Creek State Prison near the small Sierra foothills town of Ione. It’s one of a dozen or so facilities in the state designated as “transgender hubs.” That means, medical and mental services for trans prisoners are concentrated there, as are prison commissary items unavailable elsewhere, such as sports bras and makeup for trans women, and boxer shorts for trans men.\u003c/p>\n\u003cp>Skylit could finally stop MacGyvering her fashion looks. She could style her hair, wear makeup and earrings. On the prison yard, she said she found a sense of belonging with her trans sisters.\u003c/p>\n\u003cp>“We were out there,” she said. “Having fun, protecting each other.”\u003c/p>\n\u003cp>But even at men’s prisons designated as transgender hubs, trans women were mixed with cisgender men in common areas and their assigned cells. The truer Skylit felt to herself, she said, the greater the danger she experienced.\u003c/p>\n\u003cp>“Yeah, it’s OK to come out and you got a nice little outfit on, but guess what you just did?” she said. “You just called attention to yourself and now you have certain people who are making sexual advances towards you, and some of them don’t stop.”\u003c/p>\n\u003cp>Some of her trans sisters exchanged sex for safety. But even that was no guarantee of safety. Skylit wept while recounting how a close friend staggered out of her cell “with a huge gash in her skull, busted lip, trying to get out of the room that she placed herself in because she wanted to be \u003cem>herself\u003c/em>. And she couldn’t complain to the officers, because they’re not gonna do anything.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Either I’m gonna be who I wanna be or I’m gonna end up dead. Girl, I can’t be dead and be myself at the same time.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Syiaah Skylit, transgender woman in California prison","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>So Skylit found herself facing a soul-crushing choice between her safety and her identity. Skylit drew a line against assault. That meant more fights and more disciplinary write-ups. The hormone treatments caused muscle weakness, so she made another compromise. She began stopping and starting the medications depending on the danger she was facing.\u003c/p>\n\u003cp>“Either I’m gonna be who I wanna be or I’m gonna end up dead,” she said. “Girl, I can’t be dead and be myself at the same time.”\u003c/p>\n\u003cp>As a survival strategy it made sense, but abruptly going on and off hormones brings on acute mood swings. It also heightens \u003ca href=\"https://www.psychiatry.org/psychiatrists/diversity/education/transgender-and-gender-nonconforming-patients/gender-dysphoria-diagnosis\">gender dysphoria\u003c/a>, a mental health diagnosis associated with distress a person can feel at being a gender other than the one assigned at birth. Skylit had experienced that for most of her life, as she hid her true gender identity, and it caused depression, anxiety and suicidal thoughts.\u003c/p>\n\u003cp>As Skylit juggled these stressors, prison officials transferred her again — this time to Kern Valley State Prison, a maximum-security facility in the Central Valley town of Delano that houses some of the state’s most violent offenders. Among them, transgender advocates \u003ca href=\"https://prisonhealth.news/2021/10/29/lgbtq-prison-testimonies-dakota-rose-in-california/\">note\u003c/a>, are gang members known to target LGBTQ+ people in prisons. That’s where she \u003ca href=\"https://sfbayview.com/2021/05/trans-woman-seeks-release-from-cdcr-custody-after-attacks/\">hit a new low\u003c/a>.\u003c/p>\n\u003cp>According to Skylit and a \u003ca href=\"https://www.documentcloud.org/documents/23991903-syiaahkvsp2ndamendedcomplaint2022-03-03\">lawsuit filed on her behalf (DOC),\u003c/a> she was assaulted twice by incarcerated men and witnessed gruesome attacks on two other trans women. Terrified, she says she asked to speak to a sergeant about her safety concerns. Instead, she alleges, two officers followed her into her cell. One pulled down her pants, ran a baton along her bottom and threatened to rape her with it.\u003c/p>\n\u003cp>“And I’m just sitting there like this can’t be real,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11954055","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/06/230626-CALIFORNIA-PRISONERS-AP-RP-KQED-1020x735.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>That night, she drank from a bottle of laundry detergent in a desperate attempt to get sent to a mental health crisis unit. An officer stripped her of her clothes and left her lying naked in her cell next to the empty bottle. The next day, an officer pepper sprayed her at close range. Others beat her with batons. CDCR does not comment on active litigation. In legal filings, the named officers have denied wrongdoing.\u003c/p>\n\u003cp>Finally, Skylit said, a sergeant agreed to isolate her for her protection. That’s \u003ca href=\"https://www.vera.org/news/violence-torture-and-isolation-what-its-like-to-be-trans-in-prison\">a common fate for trans women\u003c/a>.\u003c/p>\n\u003cp>“It’s sad to be thankful for complete solitary confinement, isolation,” she said.\u003c/p>\n\u003cp>She would stay there for seven months.\u003c/p>\n\u003cp>Skylit had sought help from various attorneys. One responded. Jen Orthwein is a forensic psychologist who once treated transgender clients behind prison walls. They later co-founded a queer-owned law firm to challenge the harsh conditions they’d witnessed. Orthwein worked with other transgender advocates to launch a \u003ca href=\"https://www.change.org/p/gavin-newsom-call-for-the-immediate-release-of-syiaah-skylit-from-cdcr-custody-blacktranslivesmatter?utm_source=share_petition&utm_medium=custom_url&recruited_by_id=cc830240-3ea3-11e9-a4df-e5579d49cec9\">petition\u003c/a> for clemency on Skylit’s behalf.\u003c/p>\n\u003cp>Meanwhile, with colored pencils and paper, Skylit got to work crafting a series of illustrated \u003ca href=\"https://www.documentcloud.org/documents/24018571-its-a-colorful-world-by-syiaah-skylit\">children’s books (DOC)\u003c/a> featuring gender-non-conforming characters. Among them is a rainbow-colored kid named Unique, who is fully embraced by loving parents but bullied on the playground for delighting in toys conventionally meant for both boys and girls.\u003c/p>\n\u003cp>The project helped Skylit reimagine her traumatic past. She also hoped her books might make their way into the world and change the mindset of young readers “to where they’re not growing into hatred, but actually out of it.” She finished two, got started on a third. And that’s where she was when Orthewin gave her the good news. The Transgender Respect, Agency and Dignity Act was state law.\u003c/p>\n\u003cfigure id=\"attachment_11964104\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964104\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-800x533.jpg\" alt=\"Scans of two pages of drawing and text from a hand written book.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/231011-ITS-A-COLORFUL-WORLD-2-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Excerpts from ‘It’s a Colorful World.’ \u003ccite>(Courtesy of Syiaah Skylit)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It was like a prayer had been answered,” Skylit said. “Like, ‘This is it!’ This is going to be the beginning of Syiaah Skylit at her best, at completely being herself.”\u003c/p>\n\u003ch2>New perils\u003c/h2>\n\u003cp>Wiener’s bill was years in the making, and he’s quick to note that top CDCR officials were on board. They welcomed advocates to join a working group to brainstorm solutions to unsafe conditions and sought input directly from incarcerated transgender people. The Office of Inspector General detailed in \u003ca href=\"https://www.oig.ca.gov/wp-content/uploads/2020/09/Special-Review-Incarcerated-Transgender-Nonbinary-Intersex-Individuals.pdf\">a 2020 report (PDF)\u003c/a> the painful responses to those surveys.\u003c/p>\n\u003cp>Laws in \u003ca href=\"https://www.acluct.org/en/know-your-rights/know-your-rights-trans-people-who-are-incarcerated-connecticut\">Connecticut\u003c/a>, \u003ca href=\"https://www.documentcloud.org/documents/23991974-952-management-of-gender-diverse-and-intersex-inmates-final-version\">Rhode Island (DOC)\u003c/a> and \u003ca href=\"https://lgbtqbar.org/bar-news/tiproject/ma/\">Massachusetts\u003c/a> call for similar reforms, while \u003ca href=\"https://www.aclu-nj.org/en/press-releases/settlement-nj-civil-rights-suit-promises-necessary-reform-affirming-transgender\">New Jersey\u003c/a> has made comparable policy changes in response to litigation. But advocates who helped craft California’s law say it is the most expansive.\u003c/p>\n\u003cp>Wiener said in an interview that he knew at the start that the magnitude of changes mandated by the law required patience and that it would take time to implement. More recently, though, he’s grown deeply concerned about the way his legislation has played out on the ground. Because, he said, even with senior CDCR management on board, “the culture in the individual prisons is just so challenging that it doesn’t translate.”\u003c/p>\n\u003cfigure id=\"attachment_11964100\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964100\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-800x539.jpg\" alt='A group of people, most wearing the same uniform of blue shirts and pants, stand together holding signs and joined by a person wearing a suit helping to hold a banner reading \"trans lives matter.\"' width=\"800\" height=\"539\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-800x539.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-1020x687.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-160x108.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-1536x1035.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED-1920x1294.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/SenWienerAtSanQuentinTransRemembranceDay-2019-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sen. Scott Wiener (D-San Francisco) attends CDCR’s first Transgender Remembrance Day in 2019, organized jointly by trans and cisgender incarcerated people. Wiener had already authored the bill that would become the Transgender Respect, Agency and Dignity Act, with buy-in from top CDCR officials. \u003ccite>(California Department of Corrections and Rehabilitation)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officials chose the Central California Women’s Facility, or CCWF, in Chowchilla as the prison where all the trans women would go first. It’s a facility with a \u003ca href=\"https://prisonlaw.com/wp-content/uploads/2016/08/16.08.18-Prison-Law-Office-report-on-CCWF.pdf\">troubled history (PDF)\u003c/a> when it comes to staff accountability.\u003c/p>\n\u003cp>Of a dozen CCWF prisoners interviewed by KQED, all said they heard correctional staff express hostility to the new law even before the transfers began, warning the cisgender population that fakers and sexual predators were heading their way.\u003c/p>\n\u003cp>Tasha Brown, a cisgender woman, said she heard guards say, “The doors were going to be open for people to come in to violate us, to rape us.”\u003c/p>\n\u003cp>Tomas Green, a transgender man, said he heard guards “telling women here that the trans women were men and that they were gonna get raped.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11936438","hero":"https://ww2.kqed.org/app/uploads/sites/10/2022/12/1920px-CentralCaliforniaWomensFacility-1020x816.jpeg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Alexanne Danis, a cisgender woman, said she heard a lieutenant openly state that the transfers “don’t belong here, that they have to leave.”\u003c/p>\n\u003cp>Officers and fellow cisgender incarcerated people, Danis said, also spoke about driving the new transfers out, “saying that they were gonna stage stuff and that they were gonna make it sound worse than it was if anything did happen.”\u003c/p>\n\u003cp>Michelle Calvin was one of the first transgender women to arrive at CCWF. She helped work on Wiener’s legislation and has since transferred to the lower-security California Institution for Women. She heard the characterizations by staff that trans women were “gonna come over here and rape y’all and beat y’all up and take y’all stuff.”\u003c/p>\n\u003cp>The power to reverse the law, she heard officers tell incarcerated people, rested in their hands: “Take your house back. Take your prison back.”\u003c/p>\n\u003cp>Advocates who helped craft the law were well aware of this toxic environment. They say they pressed officials to allow them to hold a town hall at the women’s prison to defuse these narratives before the transfers began. It never happened.\u003c/p>\n\u003cp>Meanwhile, the trans women who began arriving in the first half of 2021 had no idea what they were stepping into.\u003c/p>\n\u003cp>Orthwein, Skylit’s attorney, was part of the working group that informed the new law and said key CDCR decisions around implementation proved harmful. The new arrivals were held in segregation for their first month. There, they were issued new prison identification numbers beginning with a distinctive two-letter combination. Instead of “some semblance of privacy about their transgender status,” which advocates had pressed for, this immediately outed them, feeding hostility and rejection.\u003c/p>\n\u003cp>CCWF houses people in dorms, as many as eight to a room. Without exception, the trans women interviewed by KQED said they have been refused entry to dorms by prisoners who viewed them as “men.”\u003c/p>\n\u003cp>On Skylit’s first day in the general population, in mid-July 2021, guards started writing her up for minor violations. Within a month, she was in solitary confinement, accused of having a consensual relationship with her cisgender female bunkmate.\u003c/p>\n\u003cp>Sex is against prison rules systemwide, but every CCWF prisoner interviewed for this piece said it’s extremely common, especially in women’s prisons.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘At the end of the day, we’re humans. I’m not saying every relationship in here is just peachy perfect, no. You have a lot of relationships in here that are toxic — fight, argue. But that’s life in the free world.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Tomas Green, transgender man in California prison","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Yes, you’re not supposed to have sex but it happens. It’s natural and there’s nothing that’s gonna stop it from happening,” said Giovanni Gonzales, a transgender man who runs a group to educate peers about gender identity.\u003c/p>\n\u003cp>Relationships form quickly.\u003c/p>\n\u003cp>“At the end of the day, we’re humans,” Green said. “I’m not saying every relationship in here is just peachy perfect, no. You have a lot of relationships in here that are toxic — fight, argue. But that’s life in the free world.”\u003c/p>\n\u003cp>Still, while sex and intimacy may be universal, punishment is not.\u003c/p>\n\u003cp>Gonzales and Green said staff often turn a blind eye to cisgender women who couple up, especially if they express their gender in stereotypically feminine ways. If a transgender man is caught being amorous, they said, a rule violation is more likely. As for the trans women who were just arriving at CCWF, a harsher set of unwritten rules seemed to apply.\u003c/p>\n\u003cp>One cisgender couple in Skylit’s dorm had been having regular sex without consequence, she said. As Skylit was handcuffed and written up for her relationship, she asked an officer why she was going to isolation and the bunkmate wasn’t. He replied, “Because you’re a man and she’s a woman.”\u003c/p>\n\u003cp>At a hearing to discuss her situation, records show that Acting Warden Michael Pallares told her he would push to send her back to men’s prison. She claimed he was hostile, “calling me a predator, saying that I’m preying on women.”\u003c/p>\n\u003cp>In men’s prison, Skylit had lived in constant fear of sexual assault. Now \u003cem>she \u003c/em>was cast as a sexual predator. Her disciplinary paperwork relied on “confidential sources” to suggest she was faking her status because she “displays very masculine behavior when with the inmate population.”\u003c/p>\n\u003cp>In isolation, according to grievances and a government claim filed by Orthwein, Skylit’s gender identity was undermined. She had trouble accessing her hormones and was denied a razor for 40 days straight. She grew a full beard.\u003c/p>\n\u003cp>“People screaming at me, yelling at me, calling me a man, and I need to go back to the men’s prison,” she said. “‘Look at the hair on yo’ face.’ [I was] pleading, pleading, pleading, ‘Please give me a razor, please give me a razor,’ and denied every time.”\u003c/p>\n\u003cp>A psychologist misgendered Skylit in a report, yet \u003ca href=\"https://www.documentcloud.org/documents/24018435-psychologist-note-razors-clothing\">noted (DOC)\u003c/a> that an extended stay in isolation would likely increase her mental health symptoms.\u003c/p>\n\u003cp>In the months that followed, Skylit was sent multiple times to a mental health unit for being suicidal. She was bumped up to a more intensive level of mental health care. Yet she remained in solitary confinement for eight months. Then, without explanation, Pallares released her to the general population.\u003c/p>\n\u003cp>Her freedom wouldn’t last.\u003c/p>\n\u003ch2>‘What did you all do to our homegirl?’\u003c/h2>\n\u003cp>Skylit’s time in isolation had taken a toll. On the yard, she said she made enemies when she responded to threats and harassment with aggressive posturing and language. She said she tried not to engage, hanging out and playing cards every day with a couple of other trans women and one cisgender woman who was sweet on her.\u003c/p>\n\u003cp>“We would hold hands,” she said. “We would hug, we would kiss.”\u003c/p>\n\u003cp>Prison officials aren’t supposed to penalize trans women more harshly for breaking rules that cisgender prisoners also break, like the one forbidding any behavior that could lead to sex. But the atmosphere around these relationships, interviews and records reveal, was tense and complex.\u003c/p>\n\u003cp>While some cisgender women feared or lashed out at the new arrivals, others were eager to partner with them. Of a half-dozen transgender women at CCWF who were interviewed by KQED, the five who have not had gender-affirming genital surgery, said they’ve been subject to sexual advances.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11955680","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-180517172-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Meanwhile, \u003ca href=\"https://www.documentcloud.org/documents/24016207-mossgroup-sb132-cdcr-assessment-report\">a report (DOC)\u003c/a> on the implementation of the new law commissioned by CDCR found that a “sexualized environment, including being sexually pressured or pursued,” was among the reasons given by transgender women who voluntarily returned to men’s prison. Other reasons included “hostile reception from staff or incarcerated individuals,” “false allegations to be removed from room” and “issues with getting hygiene items, such as razors.”\u003c/p>\n\u003cp>In men’s prison, Skylit said, consensual sex generally went unpunished. That made it hard for her to imagine just how much the bond with her new “bestie” would cost her.\u003c/p>\n\u003cp>On May 19, 2022, Skylit and her friends were on the yard drinking prison-made wine, disciplinary records show. Skylit and her girlfriend were kissing. A few minutes after Skylit went to use the porta-potty, she said, the girlfriend followed her in and started throwing up.\u003c/p>\n\u003cp>Skylit said she was holding her hair back when Calvin, one of the trans friends she played cards with, let her know a guard was approaching. Skylit stepped out and asked a couple of other people to check on the girlfriend.\u003c/p>\n\u003cp>They “opened the door and they say, ‘What did you all do to our homegirl? We don’t know what you two doing, we don’t know what’s going on over here,’” Skylit recounted. “And I said, ‘We just been drinking and she was in the thing throwing up.’ But now, it’s a commotion. It’s a crowd coming up.”\u003c/p>\n\u003cp>According to Skylit and two other witnesses, the girlfriend came out, and the guard scolded them. “She was like, ‘I’m OK bestie, I love you so much,’ and I hugged her and I walked away.”\u003c/p>\n\u003cp>Rumors about a rape started circulating. Skylit said she heard it “from like one or two people. It wasn’t \u003cem>big\u003c/em> until the next day.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘They were surrounding me and pushing me and spitting on me and swinging at me.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Syiaah Skylit, transgender woman in California prison","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>By then, a fictional narrative had taken shape: In those few moments inside the porta-potty, Skylit had committed rape, while Calvin stood guard. To be clear, prison officials never accused her of rape or sexual assault. The girlfriend told them — and KQED — that it never happened. Still, the rumors proved to be Skylit’s undoing.\u003c/p>\n\u003cp>That next day, according to Skylit and five witnesses, as she was returning from a mental health appointment, she was roughed up on the yard by 12 to 15 incarcerated people who called her “nothing but a rapist.”\u003c/p>\n\u003cp>“They were surrounding me and pushing me and spitting on me and swinging at me,” she said.\u003c/p>\n\u003cp>KQED obtained video of the incident through a public records request. There’s no audio, but the grainy image shows Skylit, who had a pass to be on the yard, doing an about-face as a group of incarcerated people in civilian clothes approached her. One appears to throw liquid at her. A few shove and punch her. She gets agitated. At one point, it’s clear that she’s yelling. But she mostly keeps her arms crossed. She never hits back. Still, she is the only one punished.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/nS5qpi-NXfE'\n title='//www.youtube.com/embed/nS5qpi-NXfE'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>\u003cem>As Syiaah Skylit, wearing a long-sleeved white shirt under her prison blues, walked through the yard at Central California Women’s Facility in May 2022, she was accosted by incarcerated people who accused her of being a rapist. Courtesy of the California Department of Corrections and Rehabilitation.\u003c/em>\u003c/p>\n\u003cp>She’d been out of solitary confinement for just four weeks. She went right back in — and she hasn’t come out in more than a year.\u003c/p>\n\u003cp>A sergeant who, the video shows, does not walk out to the yard until Skylit is handcuffed, wrote her \u003ca href=\"https://www.documentcloud.org/documents/24018553-referring-to-sexual-intercourse-through-rape\">rule violation report (DOC)\u003c/a>. He states that he heard her yell, “I’m gonna f- you bitches,” and a few variations on that theme. Then, using her legal name, he adds an editorial aside: “It should be known that when [Skylit] mentioned f-, [Skylit] was referring to sexual intercourse through rape.”\u003c/p>\n\u003cp>CCWF initially accused Skylit of “threatening the life of a prisoner,” and referred her to the local district attorney for felony prosecution. It didn’t stick. Ultimately, her writeup was reduced to “behavior which could lead to violence.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It’s sad to be thankful for complete solitary confinement, isolation.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Syiaah Skylit, transgender woman in California prison","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In her defense, Skylit pointed to the video as evidence that she wasn’t the aggressor and that others had committed violence against \u003cem>her.\u003c/em> Records show that the senior hearing officer called the video “irrelevant.”\u003c/p>\n\u003cp>CDCR does not comment on specific incarcerated people. Asked to respond to the behavior of the sergeant, it said state regulations forbid discrimination by staff and grant incarcerated people the right to be treated “respectfully, impartially, and fairly by all employees.”\u003c/p>\n\u003cp>Skylit was far from alone in experiencing false allegations. Of the trans women at CCWF interviewed by KQED, each said they had been similarly targeted by others who were incarcerated and even by staff. Most were sent to solitary confinement pending investigations. Some were already there when they said they were framed.\u003c/p>\n\u003cp>Fancy Lipsey, records show, spent seven months in isolation after she was physically assaulted by other incarcerated people. As soon as she got out, a cisgender woman “went over to the officers and told them that I touched her vagina and her breasts in the dayroom.”\u003c/p>\n\u003cp>They reviewed the video on the spot “and saw that I was nowhere near this woman.” Still, they told Lipsey they were taking her back to solitary confinement. That’s when she cut her wrists, ending up on suicide watch instead.\u003c/p>\n\u003cp>Calvin said she was punished after a roommate “went up to the program office and said I supposedly choked” another cisgender woman in their dorm in the middle of the night. The allegation came days after the alleged assault, which no one witnessed or reported at the time. Calvin said it took months to clear her name.\u003c/p>\n\u003cp>Tremayne Carroll, a trans woman who uses a wheelchair, said that after she rebuffed sexual advances from a cisgender woman, that woman yelled to guards that Carroll had sexually assaulted her. When that went nowhere, the woman changed her story and said the two had had consensual sex.\u003c/p>\n\u003cp>Freddy Fox, an intersex prisoner who identifies as a trans woman and goes by “Foxy,” said she landed in solitary confinement after being assaulted. Alone in her cell in the weeks that followed, she was verbally harassed and accused of sexual impropriety.\u003c/p>\n\u003cp>“They would allege that I had exposed myself, then I’d have to go to the cameras to show that I did not expose myself,” Foxy said. The officers would then reduce the write-up to a lesser violation, she said, “but it’s still a sexual misconduct! That was the go-to thing in 2021 when we first arrived.”\u003c/p>\n\u003ch2>‘Porta-potty rapist’\u003c/h2>\n\u003cp>Skylit’s case stands out in one crucial way: The false rape allegation went viral. Her chosen and legal names ended up all \u003ca href=\"https://reduxx.info/exclusive-female-inmate-reports-rape-occurred-in-california-womens-prison/\">over the internet.\u003c/a> One outlet called her the perpetrator of a “\u003ca href=\"https://justthenews.com/government/courts-law/alleged-port-potty-rape-throws-harsh-glare-california-coed-prison-law-after\">port-a-potty rape\u003c/a>.”\u003c/p>\n\u003cp>That’s because, as soon as the Transgender Respect, Agency and Dignity Act went into effect, an anti-trans organization called the Women’s Liberation Front started working to roll it back.\u003c/p>\n\u003cp>In November 2021, it filed \u003ca href=\"https://www.documentcloud.org/documents/22276203-chandlervcdcrcomplaint\">a lawsuit (DOC)\u003c/a> in federal court alleging the law violates the constitutional rights of cisgender women by forcing them to be housed with trans women who still have male genitalia. Simply having them there, the pending suit alleges, “substantially” increases the risk “of sexual harassment, sexual assault, rape, and physical violence, and to psychological fear of such harms.”\u003c/p>\n\u003cp>The Women’s Liberation Front was looking for a villain. The rumors about Skylit fit its narrative perfectly. Even though there were no eyewitnesses, no prison investigation and a girlfriend who \u003ca href=\"https://www.documentcloud.org/documents/22276218-43-3-asia-davis-declaration\">said the rape never happened (DOC)\u003c/a>, attorneys for the organization gathered hearsay declarations. The attorney handed them over to anti-trans websites and \u003ca href=\"https://www.documentcloud.org/documents/22276220-decl-of-plaintiff-supporter-mimi-lee-alleging-rape-of-ad-in-opposition-to-dismissal-033113109979\">attached them to a motion in the legal docket (DOC)\u003c/a>, making the declarations public record.\u003c/p>\n\u003cp>On the tier in solitary confinement, the taunts of “porta-potty rapist” have been endless.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on LGBTQI+ Rights ","tag":"transgender-rights"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I tell people, stop calling me that,” Skylit said. “Then, I’m a problem because I say things like, ‘Well, if I’m a rapist, then you a rapist,’ and then it’s like, ‘Oh, now he’s a threat, he’s arguing, he’s aggressive.’ I’m in a cage. By myself.”\u003c/p>\n\u003cp>Skylit said cisgender incarcerated people have threatened to stab her, even chop off her penis. They’ve done it in front of officers without consequence. Yet just about every time she has erupted with verbal threats, she is written up. Prison officials have used the outbursts, and the enemies she’s made, as justification to keep her in solitary confinement, labeling her a “threat to the management and security of the institution.”\u003c/p>\n\u003cp>Some prisoners in solitary confinement — what CDCR calls restricted housing — are allowed cellmates for company. Skylit has had to cell alone. Some are allowed onto an open yard. But Skylit was designated a potential threat to others, so she has had to exercise in a cage that’s about 12-by-8 feet, often surrounded by other incarcerated people who insult her. When she attends her mental health groups, she is among those who must sit in a cage the size of a telephone booth called a “therapeutic module.”\u003c/p>\n\u003cp>Multiple \u003ca href=\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6987940/\">studies \u003c/a>confirm how damaging long-term solitary confinement is to mental health. So it’s no surprise that Skylit has struggled. Records show she has harmed herself on several occasions, once punching the wall until her hand bled. After that incident, for a few weeks in August 2022, she was medicated against her will with high doses of antipsychotic drugs. Too drugged to mount a defense, she was found guilty of multiple rule violations.\u003c/p>\n\u003cp>A judge determined the prison violated her civil rights by force-medicating her. For Skylit, it was an important victory. But the whole experience eroded her faith in the prison mental health system. As the months ticked by, she went off all her medications — not just the hormones, but also the ones that treat depression, anxiety and post-traumatic stress disorder.\u003c/p>\n\u003ch2>Shattered trust\u003c/h2>\n\u003cp>It’s important to note that many cisgender incarcerated people at CCWF with histories of sexual victimization were truly scared of the newly arriving transgender women. Some still are. The fear-mongering from staff and outside anti-trans groups has not helped. But those fears appear to be unfounded.\u003c/p>\n\u003cp>KQED requested discipline data from CCWF. In the two years after the new law took effect, staff did not issue a single rule violation for physical or sexual violence to the trans women who came over from men’s prisons.\u003c/p>\n\u003cp>Meanwhile, write-ups for violence were common in the rest of the prison population, including for fighting, assault and battery on prisoners and staff, and even inciting a riot. The data also show that the new arrivals under the law were six times more likely than other CCWF prisoners to be punished for behavior that could lead to consensual sex.\u003c/p>\n\u003cp>As it happens, there was a violent predator at CCWF. Allegedly, there was more than one and they weren’t transgender women. They were cisgender men, employees of the state.\u003c/p>\n\u003cp>In May 2023, as Skylit struggled to hold onto herself in her solitary cell, she heard the news that Gregory Rodriguez, a longtime guard at CCWF, was facing a 96-count criminal complaint for allegedly sexually assaulting more than a dozen incarcerated women over the course of years.\u003c/p>\n\u003cp>He’d been allowed to retire in August 2022 while under investigation. In addition to those charges, six women filed lawsuits under Jane Roe or Jane Doe pseudonyms against Rodriguez in federal court, contending he lured them to a suite of offices where there are no cameras and forcibly raped them. One of these alleged assaults took place on May 20, 2022, the same day that the crowd surrounded Skylit and called \u003cem>her\u003c/em> a rapist.\u003c/p>\n\u003cp>CDCR \u003ca href=\"https://www.sacbee.com/news/local/crime/article280162624.html\">settled those suits\u003c/a> earlier this month for $3.7 million. More lawsuits have been filed alleging sexual assaults by CCWF employees. Four of the named victims are transgender women, Skylit among them. Her \u003ca href=\"https://www.documentcloud.org/documents/24018568-skylitsexabusecomplaintaug14_2023\">lawsuit (DOC)\u003c/a> contends that Rodriguez and Pallares, the warden who called her a predator, each demanded sexual favors from her in the spring of 2022 “for the purpose of humiliating, degrading and demeaning” her.\u003c/p>\n\u003cp>“For him to have me come into that room, it’s just so dirty,” Skylit said. “I feel dirty.”\u003c/p>\n\u003cp>Pallares was demoted in January after the Rodriguez scandal broke. Currently, an associate warden at Pleasant Valley State Prison, he declined comment. Prison officials wouldn’t say whether Pallares was under investigation. But in a statement, officials said CDCR investigates all sexual assault allegations, and “resolutely condemns any staff member who violates their oath and shatters the trust of the public.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I don’t even understand who I am anymore. I’m full of anger. Hatred, ooh, hatred is huge for me right now. I’m lost, I’m completely lost.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Syiaah Skylit, transgender woman in California prison","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The totality of Skylit’s experience has left \u003cem>her \u003c/em>shattered.\u003c/p>\n\u003cp>“They come to my door every day asking me if I want to take my hormones. No, I don’t want to take no hormones,” she told KQED in March after 10 months of isolation. “I don’t even understand who I am anymore. I’m full of anger. Hatred, ooh, hatred is huge for me right now. I’m lost, I’m completely lost.”\u003c/p>\n\u003cp>Spending more than two years in solitary confinement means she hasn’t had access to the kind of programming that would earn her good-time credits and earlier release, like school, work and vocational training. She has never laid a finger on another prisoner or an officer, but her disciplinary write-ups have nevertheless added more than a year to her original 16-year sentence.\u003c/p>\n\u003cp>Prison officials are again recommending that Skylit be returned to a men’s prison. It requires a hearing that’s already been postponed for 17 months. She’s flip-flopped on whether to go back voluntarily. Being stuck in a box is destroying her, she said, and getting back into the general population may help her get out sooner. But with being falsely labeled a rapist, she’s terrified.\u003c/p>\n\u003cp>“They will kill me,” she said.\u003c/p>\n\u003cp>If she does end up back in men’s prison, she shared in an emotional phone call, she plans to keep her gender identity secret. To prepare for the possibility, she started working out so she could fight for her life. She sold her earrings. And she cut off all her hair. She’d been growing it out for more than eight years, ever since those trans women in county jail lit a fire inside her.\u003c/p>\n\u003cp>Making herself “bald-headed” as she said, was a painful act of surrender.\u003c/p>\n\u003cp>Skylit also threw away the trans-friendly children’s books she’d worked so hard to bring to life.\u003c/p>\n\u003cp>“I told myself, I’m not gonna get emotional or emo with this stuff no more,” she said.\u003c/p>\n\u003ch2>A path forward\u003c/h2>\n\u003cp>California’s law was meant to protect transgender women, but the culture at CCWF and rising anti-trans fervor all over the country have exposed them to new traumas. Implementation has been slow. A \u003ca href=\"https://www.oig.ca.gov/wp-content/uploads/2023/08/Special-Review-No.-22-01.pdf\">report (PDF)\u003c/a> issued in late August by the current inspector general noted a “significant backlog” in transfer requests.\u003c/p>\n\u003cp>Of nearly 400 incarcerated people who’ve requested housing transfers under the law — the vast majority transgender women asking to move to women’s prison — more than 300 are still waiting for a committee to hear their case. Many live in daily fear of sexual and physical assault, said A.D. Lewis, an attorney who runs Trans Beyond Bars, a project for the Berkeley-based Prison Law Office.\u003c/p>\n\u003cp>A transgender man, Lewis regularly communicates with trans-incarcerated people.\u003c/p>\n\u003cp>The three dozen or so trans women who made it to CCWF — most during the first six months of implementation — are the vanguard. Many, like Skylit, have suffered. A small number have been transferred to the California Institution for Women, a lower security prison in San Bernardino County, where they say conditions are slightly better.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘These systems are so built to destroy people, and if they survive and get out, they’re not better and they’re often much worse.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Jen Orthwein, forensic psychologist, co-founder of Medina Orthwein LLP","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In a statement, CDCR said it is working to implement some of the changes \u003ca href=\"https://www.documentcloud.org/documents/24016207-mossgroup-sb132-cdcr-assessment-report\">recommended by outside consultants (DOC)\u003c/a> earlier this year and is committed to providing “a safe, humane, respectful and rehabilitative environment for all incarcerated people, including the transgender, non-binary and intersex community.”\u003c/p>\n\u003cp>Advocates acknowledge that the cycles of harm continue.\u003c/p>\n\u003cp>“Instead of respecting trans people’s self-determination and prioritizing their safety, as the law requires,” Lewis said, correctional staff and other incarcerated people have used it “to put a target on trans peoples’ back.”\u003c/p>\n\u003cp>Shortly after prison officials received KQED’s questions for this story in September, CCWF revoked all phone privileges for Skylit and others in solitary confinement. In an email to KQED after the initial publication of this story, a CDCR official said the revocation of phone privileges was a policy change ending what had been a temporary, more liberal phone privileges policy instituted in the early days of the COVID pandemic. \u003c/p>\n\u003cp>Skylit’s attorney worries about the impact of the trauma on her future.\u003c/p>\n\u003cp>“These systems are so built to destroy people, and if they survive and get out, they’re not better and they’re often much worse,” Orthwein said.\u003c/p>\n\u003cp>In a letter sent in July 2023 to Newsom, nearly two-dozen advocacy and legal organizations pressing for better treatment for transgender, nonbinary and intersex prisoners \u003ca href=\"https://www.documentcloud.org/documents/23991938-tni-coalition-letter-to-governor-newsom-71723pdf-2\">urged clemency (DOC)\u003c/a> for those who have experienced harm in prison.\u003c/p>\n\u003cp>Wiener, meanwhile, expressed deep frustration with the pace of implementation. In response to KQED’s findings, he said he was “horrified to hear how trans women are being treated in women’s prison, both by the prisons and by other inmates. The fact that they’re being treated harshly and slandered, called rapists when they’re not, it’s terrifying and we’re not going to just let this go.”\u003c/p>\n\u003cp>\u003cem>Lee Romney is a longtime journalist who spent 23 years at the \u003c/em>Los Angeles Times\u003cem>. Jennifer Johnson is a former career public defender who helped launch San Francisco’s Behavioral Health Court. This reporting, supported by the Fund for Investigative Journalism and the California Health Care Foundation, is part of a forthcoming podcast they’re co-creating. Called \u003c/em>\u003ca href=\"https://www.novemberinmysoul.com/\">\u003cem>November In My Soul\u003c/em>\u003c/a>\u003cem>, it explores the way bias makes its way into our intertwined mental health and criminal legal systems.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11964027/california-prisons-fail-to-uphold-transgender-rights-despite-state-law","authors":["byline_news_11964027"],"programs":["news_72","news_26731"],"categories":["news_6188","news_8"],"tags":["news_18538","news_32222","news_2729","news_616","news_3149","news_1629","news_19984","news_28871","news_27626","news_20004","news_25373","news_24732","news_2717","news_1527","news_30804","news_20851","news_30162","news_2486","news_29386"],"featImg":"news_11964041","label":"news_26731"},"news_11946255":{"type":"posts","id":"news_11946255","meta":{"index":"posts_1591205157","site":"news","id":"11946255","score":null,"sort":[1681218063000]},"guestAuthors":[],"slug":"california-bill-would-protect-immigrants-freed-under-criminal-justice-reforms-from-being-handed-to-ice","title":"California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE","publishDate":1681218063,"format":"standard","headTitle":"California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE | KQED","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A bill that would restrict California prisons from handing certain people over to immigration authorities upon their release gets its first hearing in the state Assembly this morning.\u003c/p>\n\u003cp>The bill, known as the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1306\">HOME Act\u003c/a>, takes a more targeted approach than its predecessor, the VISION Act, \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">which narrowly failed in the state Legislature\u003c/a> last August.\u003c/p>\n\u003cp>Rather than block all transfers from prison to U.S. Immigration and Customs Enforcement (ICE), the HOME Act would protect noncitizens from being turned over to federal authorities \u003cem>if \u003c/em>the governor has granted them clemency, or they’ve been released from prison due to any of several criminal justice reform laws recently enacted in California.\u003c/p>\n\u003cp>The bill’s author, Assemblymember Wendy Carrillo (D-Echo Park), says that when the Legislature passed those reforms — aimed at \u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\">reducing over-incarceration and racial disparities\u003c/a> in the criminal justice system, and \u003ca href=\"https://www.gov.ca.gov/2019/10/08/governor-newsom-signs-criminal-justice-bills-to-support-reentry-victims-of-crime-and-sentencing-reform/\">offering second chances\u003c/a> — she doesn’t believe lawmakers meant to exclude immigrants.\u003c/p>\n\u003cfigure id=\"attachment_11946264\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11946264\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/GettyImages-1229455864-800x555.jpg\" alt='A Latina woman speaks into a microphone behind a dais with a sign that reads \"Los Angeles County Democratic Party.\"' width=\"800\" height=\"555\">\u003cfigcaption class=\"wp-caption-text\">Assemblymember Wendy Carrillo speaks during the Los Angeles County Democratic Party election night drive-in watch party at the Los Angeles Zoo parking lot on Tuesday, Nov. 3, 2020. \u003ccite>(Myung J. Chun/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yet the state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home,” she said. “It is a complete injustice in our judicial system.”\u003c/p>\n\u003cp>Under federal immigration law, even legal permanent residents with green cards can lose their status and be deported if they have committed certain crimes. Undocumented immigrants who lack legal status are also deportable, though in recent years, \u003ca href=\"https://www.gov.ca.gov/2021/09/24/governor-newsom-signs-suite-of-legislation-to-support-californias-immigrant-communities-and-remove-outdated-term-alien-from-state-codes/\">California has enacted a range of policies to support all immigrants\u003c/a>, including those who are unauthorized.\u003c/p>\n\u003ch2>Legal tug-of-war\u003c/h2>\n\u003cp>One person who could have benefited from the HOME Act is \u003ca href=\"https://www.kqed.org/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war\">Sandra Castañeda, a Los Angeles woman who was released from prison in 2021, after 19 years behind bars\u003c/a>.\u003c/p>\n\u003cp>Castañeda had been convicted of second-degree murder in 2002 after a teenager was killed when a man fired from the window of Castañeda’s van as she drove acquaintances to Taco Bell. The shooter was never arrested, and, though she had no criminal record, Castañeda was sent away for 40 years-to-life for the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11946279\" class=\"wp-caption alignright\" style=\"max-width: 477px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11946279\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg\" alt=\"A white van seen behind a prison fence at the prison entrance as people stand beside it.\" width=\"477\" height=\"358\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg 477w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498-160x120.jpg 160w\" sizes=\"(max-width: 477px) 100vw, 477px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is loaded into a van from US Immigration and Customs Enforcement inside the gates of the California Institution for Women on the day of her release from prison, July 27, 2021. \u003ccite>(Courtesy of Colby Lenz/California Coalition for Women Prisoners)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But in 2018 the state Legislature narrowed the “felony murder” law, which allowed for murder charges for people like Castañeda, who were present at a murder but did not themselves kill anyone. And a state judge vacated her conviction and ordered her freed.\u003c/p>\n\u003cp>Yet rather than let Castañeda go home to her family, prison officials arranged for ICE to take her into custody on the day of her release. She spent another year incarcerated at an ICE detention center in rural Georgia, fighting deportation.\u003c/p>\n\u003cp>Though Castañeda has been a legal U.S. resident since age 9, she had never become a citizen, and ICE officials argued that her conviction — even though it had been overturned — was grounds to remove her from the country. An immigration judge has since ruled she’s not deportable because she now has only a misdemeanor on her record, but ICE is appealing.\u003c/p>\n\u003ch2>Mending the heartbreak\u003c/h2>\n\u003cp>Castañeda, now 41, will testify at this morning’s state Assembly hearing, calling on lawmakers to pass the HOME Act and to allow people like herself, who’ve earned their release, to be able to return to their loved ones. (She not only had her conviction overturned, based on the change in the felony murder law, but also had her sentence commuted by Gov. Gavin Newsom and won early parole based on her rehabilitation.)\u003c/p>\n\u003cp>“I want them to see what they do to our families and to ourselves,” she said. “I want them to see the heartbreak.”\u003c/p>\n\u003cfigure id=\"attachment_11946280\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11946280\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg\" alt=\"A middle-aged Latina woman with a black shirt sits on a couch and smiles to the camera.\" width=\"800\" height=\"572\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1020x729.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1536x1098.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at home in Hawthorne, Los Angeles County, on Aug. 9, 2022, shortly after she was released from a year in immigration detention. Castañeda plans to testify to the state Assembly in favor of the HOME Act, a bill that would allow certain immigrants like herself to be protected from transfer to ICE upon their release from prison. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda recalled her own sense of fear and powerlessness when, after a years-long effort to be released and the uncertainty over how to build a new life as a free woman, she learned that she faced an immigration hold.\u003c/p>\n\u003cp>“You’re already dealing with the roller coaster emotions of coming home. And then they tell you, ‘Oh, never mind, you’re going to go to ICE.’ So now I’ve got to go sit at this place wondering if I’m going to get deported,” she recalled. “That really puts more stress on people. And being in the detention center, you hear about these people committing suicide because they don’t want to go back to their country. It’s a scary situation.”\u003c/p>\n\u003cp>The HOME Act, AB 1306, would bar prisons from handing over to ICE those noncitizens who are being released as a result of several recent criminal justice reform laws passed by the Legislature and signed by Newsom or his predecessor, Jerry Brown. They include:\u003c/p>\n\u003cul>\n\u003cli>People eligible for compassionate release or parole because they are older or suffering severe medical conditions.\u003c/li>\n\u003cli>People eligible for early parole after serving a set amount of time because their crimes were committed in their youth.\u003c/li>\n\u003cli>People whose crimes were a direct result of having been victims of sexual assault or domestic violence.\u003c/li>\n\u003cli>People eligible for release because they demonstrate that racial bias affected their case.\u003c/li>\n\u003cli>People, like Castañeda, eligible for resentencing because they were originally convicted under the felony murder rule but did not kill anyone.\u003c/li>\n\u003c/ul>\n\u003cp>The bill would also protect people whose sentences were commuted by the governor. And, where the unsuccessful \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">VISION Act also would have banned transfers from local jails to ICE\u003c/a>, the HOME Act only focuses on restricting transfers by the California Department of Corrections and Rehabilitation, or CDCR.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Immigration agents could still track people down once they are back in their communities, take them into custody and initiate deportation proceedings. But California authorities would be limiting their participation in the process. Illinois, Oregon and Washington, D.C., have already ended prison-to-ICE transfers.\u003c/p>\n\u003ch2>Law enforcement concerns\u003c/h2>\n\u003cp>A spokesperson for ICE said the agency does not comment on pending legislation. But on background, she added that immigration detainers, leading to transfers within the controlled environment of a prison or jail, are “a critical public safety tool” that conserves government resources and protects the public from the risk that the person will reoffend.\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration detainer\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.[pullquote align=\"right\" size=\"medium\" citation=\"Assemblymember Wendy Carrillo\"]‘[T]he state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home. It is a complete injustice in our judicial system.’[/pullquote]Police and sheriffs’ groups opposed the broader VISION Act in the last legislative session. In \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">a joint statement\u003c/a>, they said, “We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement.”\u003c/p>\n\u003cp>A spokesperson for the Peace Officers Research Association of California said the group’s board had not yet considered its stance on the HOME Act, which generally would not shield people deemed “dangerous” from ICE, but he expected board members to take it up at their next meeting.\u003c/p>\n\u003cp>The VISION Act failed in the state Senate last year by three votes, with all Republicans and three Democrats voting against it, as well as nine Democrats who did not vote.\u003c/p>\n\u003cp>None of the three Senate Democrats who opposed the VISION Act — Susan Eggman, Steve Glazer and Bill Dodd — would comment on the HOME Act.\u003c/p>\n\u003ch2>Ending double punishment\u003c/h2>\n\u003cp>Carrillo, author of both the VISION Act and the HOME Act, noted that this year’s version is much more narrowly focused, and that she’s hopeful it will win widespread support with last year’s holdouts and newly elected lawmakers.\u003c/p>\n\u003cp>“At the end of the day, we are saying that the state of California will treat all people equally, regardless of where they were born,” she said. “We also want the Biden administration to acknowledge what we’re doing in the state of California and figure out a way in which ICE is not being used as a tool to further incarcerate immigrants.”[aside postID=news_11938736 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57626_007_KQED_AnoopPrasad_08052022-qut-1020x680.jpg']Angela Chan, an immigration expert at the San Francisco Public Defender’s office who helped craft the bill, said the Legislature overwhelmingly supported the recent criminal justice reforms with a recognition that excessive sentencing was harming Black and Latino communities — and she hoped they would see that turning immigrants over to ICE subjects them to a double punishment.\u003c/p>\n\u003cp>The bill “gets our legislative members and the governor to really think about these individuals that are being turned over to ICE as human beings, as people who have gone through a lot … domestic violence survivors, young refugees, elderly folks, people with medical conditions,” she said. “And [it’s cause] for them to think about the harm to both these individuals and to their families and communities, when we allow our state resources to turn them over to ICE once they’ve earned release.”\u003c/p>\n\u003cp>Castañeda took time off from her job in a reentry program run by Homeboy Industries to catch a ride from LA to the state Capitol on Monday with Tin Nguyen, whose life sentence also was commuted by Newsom and who is also scheduled to address the Assembly Public Safety Committee.\u003c/p>\n\u003cp>“I’m working, helping my community as much as I can,” said Castañeda, who hopes to study and become an immigration law paralegal. “It’s sad that they want to go after people like that. We messed up and we’re trying to give back and fix it and help other people. I get it that not everybody comes with that mentality, but a lot of us do … We had to work hard to be able to get a second chance.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The bill’s author, Assemblymember Wendy Carrillo, says California has created a 'dual system of justice' and that her bill would offer crucial protection to immigrants who have served their sentences so they can be given 'the opportunity to restart their lives and go home.'","status":"publish","parent":0,"modified":1681232227,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1910},"headData":{"title":"California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE | KQED","description":"The bill’s author, Assemblymember Wendy Carrillo, says California has created a 'dual system of justice' and that her bill would offer crucial protection to immigrants who have served their sentences so they can be given 'the opportunity to restart their lives and go home.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/f20326d9-cb17-4a0e-98ad-afe100fcbaea/audio.mp3","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11946255/california-bill-would-protect-immigrants-freed-under-criminal-justice-reforms-from-being-handed-to-ice","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A bill that would restrict California prisons from handing certain people over to immigration authorities upon their release gets its first hearing in the state Assembly this morning.\u003c/p>\n\u003cp>The bill, known as the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1306\">HOME Act\u003c/a>, takes a more targeted approach than its predecessor, the VISION Act, \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">which narrowly failed in the state Legislature\u003c/a> last August.\u003c/p>\n\u003cp>Rather than block all transfers from prison to U.S. Immigration and Customs Enforcement (ICE), the HOME Act would protect noncitizens from being turned over to federal authorities \u003cem>if \u003c/em>the governor has granted them clemency, or they’ve been released from prison due to any of several criminal justice reform laws recently enacted in California.\u003c/p>\n\u003cp>The bill’s author, Assemblymember Wendy Carrillo (D-Echo Park), says that when the Legislature passed those reforms — aimed at \u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\">reducing over-incarceration and racial disparities\u003c/a> in the criminal justice system, and \u003ca href=\"https://www.gov.ca.gov/2019/10/08/governor-newsom-signs-criminal-justice-bills-to-support-reentry-victims-of-crime-and-sentencing-reform/\">offering second chances\u003c/a> — she doesn’t believe lawmakers meant to exclude immigrants.\u003c/p>\n\u003cfigure id=\"attachment_11946264\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11946264\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/GettyImages-1229455864-800x555.jpg\" alt='A Latina woman speaks into a microphone behind a dais with a sign that reads \"Los Angeles County Democratic Party.\"' width=\"800\" height=\"555\">\u003cfigcaption class=\"wp-caption-text\">Assemblymember Wendy Carrillo speaks during the Los Angeles County Democratic Party election night drive-in watch party at the Los Angeles Zoo parking lot on Tuesday, Nov. 3, 2020. \u003ccite>(Myung J. Chun/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yet the state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home,” she said. “It is a complete injustice in our judicial system.”\u003c/p>\n\u003cp>Under federal immigration law, even legal permanent residents with green cards can lose their status and be deported if they have committed certain crimes. Undocumented immigrants who lack legal status are also deportable, though in recent years, \u003ca href=\"https://www.gov.ca.gov/2021/09/24/governor-newsom-signs-suite-of-legislation-to-support-californias-immigrant-communities-and-remove-outdated-term-alien-from-state-codes/\">California has enacted a range of policies to support all immigrants\u003c/a>, including those who are unauthorized.\u003c/p>\n\u003ch2>Legal tug-of-war\u003c/h2>\n\u003cp>One person who could have benefited from the HOME Act is \u003ca href=\"https://www.kqed.org/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war\">Sandra Castañeda, a Los Angeles woman who was released from prison in 2021, after 19 years behind bars\u003c/a>.\u003c/p>\n\u003cp>Castañeda had been convicted of second-degree murder in 2002 after a teenager was killed when a man fired from the window of Castañeda’s van as she drove acquaintances to Taco Bell. The shooter was never arrested, and, though she had no criminal record, Castañeda was sent away for 40 years-to-life for the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11946279\" class=\"wp-caption alignright\" style=\"max-width: 477px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11946279\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg\" alt=\"A white van seen behind a prison fence at the prison entrance as people stand beside it.\" width=\"477\" height=\"358\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg 477w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498-160x120.jpg 160w\" sizes=\"(max-width: 477px) 100vw, 477px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is loaded into a van from US Immigration and Customs Enforcement inside the gates of the California Institution for Women on the day of her release from prison, July 27, 2021. \u003ccite>(Courtesy of Colby Lenz/California Coalition for Women Prisoners)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But in 2018 the state Legislature narrowed the “felony murder” law, which allowed for murder charges for people like Castañeda, who were present at a murder but did not themselves kill anyone. And a state judge vacated her conviction and ordered her freed.\u003c/p>\n\u003cp>Yet rather than let Castañeda go home to her family, prison officials arranged for ICE to take her into custody on the day of her release. She spent another year incarcerated at an ICE detention center in rural Georgia, fighting deportation.\u003c/p>\n\u003cp>Though Castañeda has been a legal U.S. resident since age 9, she had never become a citizen, and ICE officials argued that her conviction — even though it had been overturned — was grounds to remove her from the country. An immigration judge has since ruled she’s not deportable because she now has only a misdemeanor on her record, but ICE is appealing.\u003c/p>\n\u003ch2>Mending the heartbreak\u003c/h2>\n\u003cp>Castañeda, now 41, will testify at this morning’s state Assembly hearing, calling on lawmakers to pass the HOME Act and to allow people like herself, who’ve earned their release, to be able to return to their loved ones. (She not only had her conviction overturned, based on the change in the felony murder law, but also had her sentence commuted by Gov. Gavin Newsom and won early parole based on her rehabilitation.)\u003c/p>\n\u003cp>“I want them to see what they do to our families and to ourselves,” she said. “I want them to see the heartbreak.”\u003c/p>\n\u003cfigure id=\"attachment_11946280\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11946280\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg\" alt=\"A middle-aged Latina woman with a black shirt sits on a couch and smiles to the camera.\" width=\"800\" height=\"572\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1020x729.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1536x1098.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at home in Hawthorne, Los Angeles County, on Aug. 9, 2022, shortly after she was released from a year in immigration detention. Castañeda plans to testify to the state Assembly in favor of the HOME Act, a bill that would allow certain immigrants like herself to be protected from transfer to ICE upon their release from prison. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda recalled her own sense of fear and powerlessness when, after a years-long effort to be released and the uncertainty over how to build a new life as a free woman, she learned that she faced an immigration hold.\u003c/p>\n\u003cp>“You’re already dealing with the roller coaster emotions of coming home. And then they tell you, ‘Oh, never mind, you’re going to go to ICE.’ So now I’ve got to go sit at this place wondering if I’m going to get deported,” she recalled. “That really puts more stress on people. And being in the detention center, you hear about these people committing suicide because they don’t want to go back to their country. It’s a scary situation.”\u003c/p>\n\u003cp>The HOME Act, AB 1306, would bar prisons from handing over to ICE those noncitizens who are being released as a result of several recent criminal justice reform laws passed by the Legislature and signed by Newsom or his predecessor, Jerry Brown. They include:\u003c/p>\n\u003cul>\n\u003cli>People eligible for compassionate release or parole because they are older or suffering severe medical conditions.\u003c/li>\n\u003cli>People eligible for early parole after serving a set amount of time because their crimes were committed in their youth.\u003c/li>\n\u003cli>People whose crimes were a direct result of having been victims of sexual assault or domestic violence.\u003c/li>\n\u003cli>People eligible for release because they demonstrate that racial bias affected their case.\u003c/li>\n\u003cli>People, like Castañeda, eligible for resentencing because they were originally convicted under the felony murder rule but did not kill anyone.\u003c/li>\n\u003c/ul>\n\u003cp>The bill would also protect people whose sentences were commuted by the governor. And, where the unsuccessful \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">VISION Act also would have banned transfers from local jails to ICE\u003c/a>, the HOME Act only focuses on restricting transfers by the California Department of Corrections and Rehabilitation, or CDCR.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Immigration agents could still track people down once they are back in their communities, take them into custody and initiate deportation proceedings. But California authorities would be limiting their participation in the process. Illinois, Oregon and Washington, D.C., have already ended prison-to-ICE transfers.\u003c/p>\n\u003ch2>Law enforcement concerns\u003c/h2>\n\u003cp>A spokesperson for ICE said the agency does not comment on pending legislation. But on background, she added that immigration detainers, leading to transfers within the controlled environment of a prison or jail, are “a critical public safety tool” that conserves government resources and protects the public from the risk that the person will reoffend.\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration detainer\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘[T]he state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home. It is a complete injustice in our judicial system.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Assemblymember Wendy Carrillo","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Police and sheriffs’ groups opposed the broader VISION Act in the last legislative session. In \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">a joint statement\u003c/a>, they said, “We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement.”\u003c/p>\n\u003cp>A spokesperson for the Peace Officers Research Association of California said the group’s board had not yet considered its stance on the HOME Act, which generally would not shield people deemed “dangerous” from ICE, but he expected board members to take it up at their next meeting.\u003c/p>\n\u003cp>The VISION Act failed in the state Senate last year by three votes, with all Republicans and three Democrats voting against it, as well as nine Democrats who did not vote.\u003c/p>\n\u003cp>None of the three Senate Democrats who opposed the VISION Act — Susan Eggman, Steve Glazer and Bill Dodd — would comment on the HOME Act.\u003c/p>\n\u003ch2>Ending double punishment\u003c/h2>\n\u003cp>Carrillo, author of both the VISION Act and the HOME Act, noted that this year’s version is much more narrowly focused, and that she’s hopeful it will win widespread support with last year’s holdouts and newly elected lawmakers.\u003c/p>\n\u003cp>“At the end of the day, we are saying that the state of California will treat all people equally, regardless of where they were born,” she said. “We also want the Biden administration to acknowledge what we’re doing in the state of California and figure out a way in which ICE is not being used as a tool to further incarcerate immigrants.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11938736","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57626_007_KQED_AnoopPrasad_08052022-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Angela Chan, an immigration expert at the San Francisco Public Defender’s office who helped craft the bill, said the Legislature overwhelmingly supported the recent criminal justice reforms with a recognition that excessive sentencing was harming Black and Latino communities — and she hoped they would see that turning immigrants over to ICE subjects them to a double punishment.\u003c/p>\n\u003cp>The bill “gets our legislative members and the governor to really think about these individuals that are being turned over to ICE as human beings, as people who have gone through a lot … domestic violence survivors, young refugees, elderly folks, people with medical conditions,” she said. “And [it’s cause] for them to think about the harm to both these individuals and to their families and communities, when we allow our state resources to turn them over to ICE once they’ve earned release.”\u003c/p>\n\u003cp>Castañeda took time off from her job in a reentry program run by Homeboy Industries to catch a ride from LA to the state Capitol on Monday with Tin Nguyen, whose life sentence also was commuted by Newsom and who is also scheduled to address the Assembly Public Safety Committee.\u003c/p>\n\u003cp>“I’m working, helping my community as much as I can,” said Castañeda, who hopes to study and become an immigration law paralegal. “It’s sad that they want to go after people like that. We messed up and we’re trying to give back and fix it and help other people. I get it that not everybody comes with that mentality, but a lot of us do … We had to work hard to be able to get a second chance.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11946255/california-bill-would-protect-immigrants-freed-under-criminal-justice-reforms-from-being-handed-to-ice","authors":["259"],"programs":["news_72"],"categories":["news_31795","news_1169","news_6188","news_8"],"tags":["news_32224","news_1629","news_27626","news_21027","news_20202","news_19954","news_32623","news_20529","news_32620"],"featImg":"news_11946335","label":"news_72"},"news_11945315":{"type":"posts","id":"news_11945315","meta":{"index":"posts_1591205157","site":"news","id":"11945315","score":null,"sort":[1680298669000]},"guestAuthors":[],"slug":"good-for-the-kids-a-california-bill-would-place-incarcerated-parents-in-prisons-close-to-home","title":"'Good for the Kids': A California Bill Would Place Incarcerated Parents in Prisons Close to Home","publishDate":1680298669,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Ameerah Rogers is 9. Her father, Deandre, has been incarcerated for most of her life. So every chance she has to spend time with him feels like a special treat.\u003c/p>\n\u003cp>One Saturday a month, her mother drives Ameerah and her siblings from their home in Sacramento to visit their dad at Salinas Valley State Prison. Ameerah says she’s excited on the ride there, thinking about what they’ll do together.\u003c/p>\n\u003cp>“We like to read, we color, we play games. I normally win Uno,” she said. “And every time we go, I tell him everything about school.”\u003c/p>\n\u003cp>Ameerah is one of nearly 200,000 California children who have a parent in state prison, advocates estimate. And in a state the size of California, those parents are often hundreds of miles from their kids.\u003c/p>\n\u003cp>But a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240AB1226\">bill\u003c/a> introduced this week in the state Assembly would require the California Department of Corrections and Rehabilitation to house incarcerated people with minor children as close to their child’s home as possible.\u003c/p>\n\u003cp>The bill’s author, Assemblymember Matt Haney (D-San Francisco), says long distances can lead to long separations, and that can have a devastating impact on children’s psychological health.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“There's a lot of research on the mental or emotional toll that incarcerating a parent has on a child,” he said. “If we incarcerate a mother or father all the way on the other side from where a child lives, it makes it a lot harder for that child to visit the parent, to maintain a relationship with them, and to keep connected with them when they come out.”\u003c/p>\n\u003cp>The \u003ca href=\"https://cahealthadvocates.org/wp-content/uploads/2007/11/V7N2.pdf\">kids of incarcerated parents are at risk of withdrawing emotionally, failing in school and becoming incarcerated themselves (PDF)\u003c/a>, research indicates, a pattern of trauma that can span generations.[pullquote align=\"right\" size=\"medium\" citation=\"Assemblymember Matt Haney (D-San Francisco)\"]'This is good for the kids. It's also good for rehabilitation and reentry. A huge part of rehabilitation is keeping people connected to loved ones outside.'[/pullquote]Officials with CDCR, the state prison system, say they don’t comment on pending legislation. But Haney said he has met with prison officials and incorporated some of their feedback on the bill language.\u003c/p>\n\u003cp>In a statement, prison spokesperson Alia Cruz said, “CDCR recognizes visiting is an important way to maintain family and community ties and works hard to ensure people are able to see their incarcerated loved ones.”\u003c/p>\n\u003cp>Cruz noted the department allows for \u003ca href=\"https://www.cdcr.ca.gov/visitors/types-of-visits/\">overnight family visits\u003c/a> and \u003ca href=\"https://www.cdcr.ca.gov/visitors/transmetro-bus-service/\">free bus transportation\u003c/a> for visitors.\u003c/p>\n\u003ch2>Incarcerated far from home\u003c/h2>\n\u003cp>Ameerah’s mom, Bernice Rogers, says she wishes she could take the kids to see their dad more often. But he’s 200 miles away, which means it’s a seven-hour round-trip drive — for a couple of hours in the visiting room. And the expense of gas and feeding three hungry children on the road takes a big bite out of her salary as a staff member for a homeless shelter.\u003c/p>\n\u003cfigure id=\"attachment_11945338\" class=\"wp-caption alignright\" style=\"max-width: 747px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11945338\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64078_006_DeAndreRogers_SalinasStatePrison_IMG_1743.jpg\" alt=\"An African American man gives a young girl a piggy back ride as they smile for the camera.\" width=\"747\" height=\"1046\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64078_006_DeAndreRogers_SalinasStatePrison_IMG_1743.jpg 747w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64078_006_DeAndreRogers_SalinasStatePrison_IMG_1743-160x224.jpg 160w\" sizes=\"(max-width: 747px) 100vw, 747px\">\u003cfigcaption class=\"wp-caption-text\">Ameerah Rogers, 9, gets a piggyback ride from her dad, Deandre Rogers, for a photo at Salinas Valley State Prison on Jan. 28, 2023. \u003ccite>(Courtesy Bernice Rogers)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It just costs a lot as a single mother — I mean not a single mother, because we're married — but me by myself out here, with rent and bills and food,” she said. “It just costs, with him being that far.”\u003c/p>\n\u003cp>Rogers said she participates in \u003ca href=\"https://www.cdcr.ca.gov/visitors/get-on-the-bus/\">CDCR’s Get on the Bus program\u003c/a>, an annual event that provides free transportation for children to visit their incarcerated parents. And at least in Salinas Valley, her husband is closer than he was before the pandemic, when he was at Calipatria State Prison, nearly 600 miles away, near the Mexican border.\u003c/p>\n\u003cp>The Rogers family is not alone with this struggle. The vast majority — \u003ca href=\"https://s3.documentcloud.org/documents/23736788/file_0973.pdf\">75% — of California's incarcerated people are incarcerated 100 miles or more from their home communities\u003c/a>, according to 2019 data from CDCR (PDF).\u003c/p>\n\u003cp>And \u003ca href=\"https://www.prisonpolicy.org/reports/prisonvisits.html\">the further from home a person is locked up, the less likely they are to get regular visitors\u003c/a>, according to a report by the Prison Policy Initiative, a prison reform research organization. Nationwide, half of those incarcerated in prisons less than 50 miles from home had received a visit in the past month, whereas only 15% of people housed more than 500 miles from home had received a visit.\u003c/p>\n\u003ch2>Kids benefit when parents are closer\u003c/h2>\n\u003cp>For Nico Arzate, 16, the distance from his father has had a direct influence on how often they can visit — and on Nico’s well-being, according to his mother.\u003c/p>\n\u003cp>Kari Arzate was pregnant when Nico’s father, David, was arrested. For the first 10 years of Nico’s life, his dad was living in prisons that were hundreds of miles away, and they rarely saw each other, she said.\u003c/p>\n\u003cp>Then, in 2016, David was transferred to a prison just two hours from their home in Modesto, and Arzate took her son to see him every weekend. That lasted about five years.\u003c/p>\n\u003cp>“Nico would spend time with Mom and Dad as a family,” she said, “and then still be able to go out like a normal teenager, when he got home from a visit, and go to the movies with his friends.”\u003c/p>\n\u003cfigure id=\"attachment_11945341\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11945341\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1-800x783.jpg\" alt=\"A montage of four photos, top left with woman, boy and man smiling; top right with man and boy smiling at camera; bottom left with boy and man smiling; bottom right with a woman holding a baby as a man from behind a window with a phone receiver to his ear looks on.\" width=\"800\" height=\"783\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1-800x783.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1-1020x998.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1-160x157.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1.jpg 1284w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Nico Arzate got to visit every weekend when his father was housed in prisons near their Modesto home. But in 2021 David Arzate was moved to a prison 10 hours away, and their visits have become rare. Here they are also pictured with Nico's mother, Kari Arzate. \u003ccite>(Courtesy Kari Arzate)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She said her son was noticeably happier and his grades improved during that time. But in 2021 her husband was transferred again, Arzate said, this time to a prison in Susanville, 300 miles away, and they’ve only been able to make the trip a handful of times in the past year. She said she has seen her son struggle with feelings of depression, and the visits to his father are a balm.\u003c/p>\n\u003cp>“He's able to talk to him about things that he normally wouldn't talk to Mom about … because he's built a connection with his dad over the years,” she said. “Nico looks forward to taking pictures every time he goes to visit Dad because that's all he has as a memory.”\u003c/p>\n\u003cp>Arzate says if the bill, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1226\">AB 1226\u003c/a>, known as the Keep Families Close Act, becomes law, she expects that David would be transferred closer to home and that her son could have a stronger relationship with his father.\u003c/p>\n\u003ch2>'This is good for the kids'\u003c/h2>\n\u003cp>Haney, the bill’s author, notes that it would not trigger an automatic relocation of every incarcerated parent. Instead it would apply when a person is newly incarcerated or being transferred for another reason, such as a change in their security level.\u003c/p>\n\u003cp>“This is good for the kids. It's also good for rehabilitation and reentry,” Haney said. “A huge part of rehabilitation is keeping people connected to loved ones outside.”[pullquote align=\"right\" size=\"medium\" citation=\"Kari Arzate\"]'Nico looks forward to taking pictures every time he goes to visit Dad because that's all he has as a memory.'[/pullquote]He said the Keep Families Close Act is modeled on a \u003ca href=\"https://www.nysenate.gov/newsroom/in-the-news/velmanette-montgomery/ny-law-requires-parents-prison-be-housed-closest-kids\">2020 law in New York state\u003c/a>, believed to be the first of its kind in the nation.\u003c/p>\n\u003cp>Haney is a Democrat, but the bill is co-authored by Assemblymember Marie Waldron, a Republican, and it passed out of the Assembly Public Safety Committee on Monday, March 27, with unanimous bipartisan support.\u003c/p>\n\u003cp>When it’s time to leave her father after their monthly visit, Ameerah Rogers says she and her sister typically cry on the ride home.\u003c/p>\n\u003cp>“Because we barely get to see him,” she said. “And he was gone all my life. So we don't get to see him a lot.”\u003c/p>\n\u003cp>But despite the fact that her father is serving a third-strike sentence of 30 years, Ameerah is keeping a running list of the places she’d like to travel with her dad one day.\u003c/p>\n\u003cp>“I’m waiting to go to Canada, Super Nintendo World, Tokyo and … oh yeah, Las Vegas,” she said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Studies show kids suffer when they can't maintain a relationship with a parent who's locked up. A new bill from Assemblymember Matt Haney would require state prisons to house newly incarcerated people — and those being transferred — as close to their children as possible.","status":"publish","parent":0,"modified":1680298669,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1428},"headData":{"title":"'Good for the Kids': A California Bill Would Place Incarcerated Parents in Prisons Close to Home | KQED","description":"Studies show kids suffer when they can't maintain a relationship with a parent who's locked up. A new bill from Assemblymember Matt Haney would require state prisons to house newly incarcerated people — and those being transferred — as close to their children as possible.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/569a99bd-ad9c-44ec-9d9d-afd401056f8e/audio.mp3 ","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11945315/good-for-the-kids-a-california-bill-would-place-incarcerated-parents-in-prisons-close-to-home","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Ameerah Rogers is 9. Her father, Deandre, has been incarcerated for most of her life. So every chance she has to spend time with him feels like a special treat.\u003c/p>\n\u003cp>One Saturday a month, her mother drives Ameerah and her siblings from their home in Sacramento to visit their dad at Salinas Valley State Prison. Ameerah says she’s excited on the ride there, thinking about what they’ll do together.\u003c/p>\n\u003cp>“We like to read, we color, we play games. I normally win Uno,” she said. “And every time we go, I tell him everything about school.”\u003c/p>\n\u003cp>Ameerah is one of nearly 200,000 California children who have a parent in state prison, advocates estimate. And in a state the size of California, those parents are often hundreds of miles from their kids.\u003c/p>\n\u003cp>But a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240AB1226\">bill\u003c/a> introduced this week in the state Assembly would require the California Department of Corrections and Rehabilitation to house incarcerated people with minor children as close to their child’s home as possible.\u003c/p>\n\u003cp>The bill’s author, Assemblymember Matt Haney (D-San Francisco), says long distances can lead to long separations, and that can have a devastating impact on children’s psychological health.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“There's a lot of research on the mental or emotional toll that incarcerating a parent has on a child,” he said. “If we incarcerate a mother or father all the way on the other side from where a child lives, it makes it a lot harder for that child to visit the parent, to maintain a relationship with them, and to keep connected with them when they come out.”\u003c/p>\n\u003cp>The \u003ca href=\"https://cahealthadvocates.org/wp-content/uploads/2007/11/V7N2.pdf\">kids of incarcerated parents are at risk of withdrawing emotionally, failing in school and becoming incarcerated themselves (PDF)\u003c/a>, research indicates, a pattern of trauma that can span generations.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'This is good for the kids. It's also good for rehabilitation and reentry. A huge part of rehabilitation is keeping people connected to loved ones outside.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Assemblymember Matt Haney (D-San Francisco)","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Officials with CDCR, the state prison system, say they don’t comment on pending legislation. But Haney said he has met with prison officials and incorporated some of their feedback on the bill language.\u003c/p>\n\u003cp>In a statement, prison spokesperson Alia Cruz said, “CDCR recognizes visiting is an important way to maintain family and community ties and works hard to ensure people are able to see their incarcerated loved ones.”\u003c/p>\n\u003cp>Cruz noted the department allows for \u003ca href=\"https://www.cdcr.ca.gov/visitors/types-of-visits/\">overnight family visits\u003c/a> and \u003ca href=\"https://www.cdcr.ca.gov/visitors/transmetro-bus-service/\">free bus transportation\u003c/a> for visitors.\u003c/p>\n\u003ch2>Incarcerated far from home\u003c/h2>\n\u003cp>Ameerah’s mom, Bernice Rogers, says she wishes she could take the kids to see their dad more often. But he’s 200 miles away, which means it’s a seven-hour round-trip drive — for a couple of hours in the visiting room. And the expense of gas and feeding three hungry children on the road takes a big bite out of her salary as a staff member for a homeless shelter.\u003c/p>\n\u003cfigure id=\"attachment_11945338\" class=\"wp-caption alignright\" style=\"max-width: 747px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11945338\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64078_006_DeAndreRogers_SalinasStatePrison_IMG_1743.jpg\" alt=\"An African American man gives a young girl a piggy back ride as they smile for the camera.\" width=\"747\" height=\"1046\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64078_006_DeAndreRogers_SalinasStatePrison_IMG_1743.jpg 747w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64078_006_DeAndreRogers_SalinasStatePrison_IMG_1743-160x224.jpg 160w\" sizes=\"(max-width: 747px) 100vw, 747px\">\u003cfigcaption class=\"wp-caption-text\">Ameerah Rogers, 9, gets a piggyback ride from her dad, Deandre Rogers, for a photo at Salinas Valley State Prison on Jan. 28, 2023. \u003ccite>(Courtesy Bernice Rogers)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It just costs a lot as a single mother — I mean not a single mother, because we're married — but me by myself out here, with rent and bills and food,” she said. “It just costs, with him being that far.”\u003c/p>\n\u003cp>Rogers said she participates in \u003ca href=\"https://www.cdcr.ca.gov/visitors/get-on-the-bus/\">CDCR’s Get on the Bus program\u003c/a>, an annual event that provides free transportation for children to visit their incarcerated parents. And at least in Salinas Valley, her husband is closer than he was before the pandemic, when he was at Calipatria State Prison, nearly 600 miles away, near the Mexican border.\u003c/p>\n\u003cp>The Rogers family is not alone with this struggle. The vast majority — \u003ca href=\"https://s3.documentcloud.org/documents/23736788/file_0973.pdf\">75% — of California's incarcerated people are incarcerated 100 miles or more from their home communities\u003c/a>, according to 2019 data from CDCR (PDF).\u003c/p>\n\u003cp>And \u003ca href=\"https://www.prisonpolicy.org/reports/prisonvisits.html\">the further from home a person is locked up, the less likely they are to get regular visitors\u003c/a>, according to a report by the Prison Policy Initiative, a prison reform research organization. Nationwide, half of those incarcerated in prisons less than 50 miles from home had received a visit in the past month, whereas only 15% of people housed more than 500 miles from home had received a visit.\u003c/p>\n\u003ch2>Kids benefit when parents are closer\u003c/h2>\n\u003cp>For Nico Arzate, 16, the distance from his father has had a direct influence on how often they can visit — and on Nico’s well-being, according to his mother.\u003c/p>\n\u003cp>Kari Arzate was pregnant when Nico’s father, David, was arrested. For the first 10 years of Nico’s life, his dad was living in prisons that were hundreds of miles away, and they rarely saw each other, she said.\u003c/p>\n\u003cp>Then, in 2016, David was transferred to a prison just two hours from their home in Modesto, and Arzate took her son to see him every weekend. That lasted about five years.\u003c/p>\n\u003cp>“Nico would spend time with Mom and Dad as a family,” she said, “and then still be able to go out like a normal teenager, when he got home from a visit, and go to the movies with his friends.”\u003c/p>\n\u003cfigure id=\"attachment_11945341\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11945341\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1-800x783.jpg\" alt=\"A montage of four photos, top left with woman, boy and man smiling; top right with man and boy smiling at camera; bottom left with boy and man smiling; bottom right with a woman holding a baby as a man from behind a window with a phone receiver to his ear looks on.\" width=\"800\" height=\"783\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1-800x783.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1-1020x998.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1-160x157.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS64077_001_DavidArzote_IMG_9635-1.jpg 1284w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Nico Arzate got to visit every weekend when his father was housed in prisons near their Modesto home. But in 2021 David Arzate was moved to a prison 10 hours away, and their visits have become rare. Here they are also pictured with Nico's mother, Kari Arzate. \u003ccite>(Courtesy Kari Arzate)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She said her son was noticeably happier and his grades improved during that time. But in 2021 her husband was transferred again, Arzate said, this time to a prison in Susanville, 300 miles away, and they’ve only been able to make the trip a handful of times in the past year. She said she has seen her son struggle with feelings of depression, and the visits to his father are a balm.\u003c/p>\n\u003cp>“He's able to talk to him about things that he normally wouldn't talk to Mom about … because he's built a connection with his dad over the years,” she said. “Nico looks forward to taking pictures every time he goes to visit Dad because that's all he has as a memory.”\u003c/p>\n\u003cp>Arzate says if the bill, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1226\">AB 1226\u003c/a>, known as the Keep Families Close Act, becomes law, she expects that David would be transferred closer to home and that her son could have a stronger relationship with his father.\u003c/p>\n\u003ch2>'This is good for the kids'\u003c/h2>\n\u003cp>Haney, the bill’s author, notes that it would not trigger an automatic relocation of every incarcerated parent. Instead it would apply when a person is newly incarcerated or being transferred for another reason, such as a change in their security level.\u003c/p>\n\u003cp>“This is good for the kids. It's also good for rehabilitation and reentry,” Haney said. “A huge part of rehabilitation is keeping people connected to loved ones outside.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Nico looks forward to taking pictures every time he goes to visit Dad because that's all he has as a memory.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Kari Arzate","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>He said the Keep Families Close Act is modeled on a \u003ca href=\"https://www.nysenate.gov/newsroom/in-the-news/velmanette-montgomery/ny-law-requires-parents-prison-be-housed-closest-kids\">2020 law in New York state\u003c/a>, believed to be the first of its kind in the nation.\u003c/p>\n\u003cp>Haney is a Democrat, but the bill is co-authored by Assemblymember Marie Waldron, a Republican, and it passed out of the Assembly Public Safety Committee on Monday, March 27, with unanimous bipartisan support.\u003c/p>\n\u003cp>When it’s time to leave her father after their monthly visit, Ameerah Rogers says she and her sister typically cry on the ride home.\u003c/p>\n\u003cp>“Because we barely get to see him,” she said. “And he was gone all my life. So we don't get to see him a lot.”\u003c/p>\n\u003cp>But despite the fact that her father is serving a third-strike sentence of 30 years, Ameerah is keeping a running list of the places she’d like to travel with her dad one day.\u003c/p>\n\u003cp>“I’m waiting to go to Canada, Super Nintendo World, Tokyo and … oh yeah, Las Vegas,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11945315/good-for-the-kids-a-california-bill-would-place-incarcerated-parents-in-prisons-close-to-home","authors":["259"],"programs":["news_72"],"categories":["news_31795","news_6188","news_8"],"tags":["news_32592","news_18538","news_32222","news_1629","news_19954","news_25468","news_20851"],"featImg":"news_11945331","label":"news_72"},"news_11938736":{"type":"posts","id":"news_11938736","meta":{"index":"posts_1591205157","site":"news","id":"11938736","score":null,"sort":[1674849009000]},"guestAuthors":[],"slug":"the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war","title":"California Overturned Her Murder Conviction. ICE Still Wants to Deport Her","publishDate":1674849009,"format":"standard","headTitle":"The California Report Magazine | KQED News","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it's there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.[aside label=\"Related Stories\" postID=\"news_11924388,news_11923465,news_11909454\"]While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra's close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn't really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister's children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn't know that I did ... Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I'm not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>'[T]here's always that little hope ... '\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.[pullquote align=\"right\" size=\"medium\" citation=\"Virginia Reyes, aunt of Sandra Castañeda\"]'How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?'[/pullquote]Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there's always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn't believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that's been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn't need to be on someone's record’ — should not be on someone's record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda\"]'These people are still messing with my life, even though I already paid for my crime.'[/pullquote]The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who's not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It's really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]'ICE can just say we're not going to choose to go after and deport these people. We don't need Congress to even step in here and fix it. It's just one of those things that the Biden administration can just fix tomorrow.'[/pullquote]“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he's saying, ‘I don't know if we're going to find a bed. And if we don't, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I'm going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it'll be hot. Sometimes it'll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>'The system ... is designed to wear people down'\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]'The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.'[/pullquote]And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she'd give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don't speak English and … I'm only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn't know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn't know that it’s so important to be able to get that citizenship if you're able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda's case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don't need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"After serving 19 years in prison for a murder she didn't commit, then another year in immigration detention after prison officials transferred her to ICE, Sandra Castañeda saw her conviction vacated, and an immigration judge ruled there are no grounds to deport her — but ICE is appealing.","status":"publish","parent":0,"modified":1676166849,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":114,"wordCount":5384},"headData":{"title":"California Overturned Her Murder Conviction. ICE Still Wants to Deport Her | KQED","description":"After serving 19 years in prison for a murder she didn't commit, then another year in immigration detention after prison officials transferred her to ICE, Sandra Castañeda saw her conviction vacated, and an immigration judge ruled there are no grounds to deport her — but ICE is appealing.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC6342854612.mp3?updated=1674771558","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it's there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11924388,news_11923465,news_11909454"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra's close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn't really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister's children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn't know that I did ... Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I'm not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>'[T]here's always that little hope ... '\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Virginia Reyes, aunt of Sandra Castañeda","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there's always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn't believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that's been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn't need to be on someone's record’ — should not be on someone's record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'These people are still messing with my life, even though I already paid for my crime.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Sandra Castañeda","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who's not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It's really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'ICE can just say we're not going to choose to go after and deport these people. We don't need Congress to even step in here and fix it. It's just one of those things that the Biden administration can just fix tomorrow.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Anoop Prasad, immigration lawyer, Asian Law Caucus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he's saying, ‘I don't know if we're going to find a bed. And if we don't, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I'm going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it'll be hot. Sometimes it'll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>'The system ... is designed to wear people down'\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Anoop Prasad, immigration lawyer, Asian Law Caucus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she'd give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don't speak English and … I'm only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn't know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn't know that it’s so important to be able to get that citizenship if you're able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda's case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don't need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war","authors":["259"],"programs":["news_26731"],"categories":["news_1169","news_6188","news_8"],"tags":["news_1628","news_1629","news_18123","news_27626","news_21027","news_20202","news_23454"],"featImg":"news_11939314","label":"news_26731"},"news_11938061":{"type":"posts","id":"news_11938061","meta":{"index":"posts_1591205157","site":"news","id":"11938061","score":null,"sort":[1673726714000]},"guestAuthors":[],"slug":"california-will-dismantle-death-row-some-cheer-but-others-are-outraged","title":"California Will Dismantle Death Row — Some Cheer, but Others Are Outraged","publishDate":1673726714,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>California this week pushed ahead with controversial efforts to dismantle the largest death row system in America.\u003c/p>\n\u003cp>Under Gov. Gavin Newsom, \u003ca href=\"https://www.cdcr.ca.gov/news/2023/01/11/cdcr-submits-regulations-for-the-transfer-of-condemned-inmates-from-death-row-housing-units/\">the state is moving to\u003cstrong> \u003c/strong>make the transfer of condemned people permanent and mandatory\u003c/a> after what the state's Department of Corrections and Rehabilitation (CDCR) calls a successful pilot program that voluntarily moved 101 condemned people off death row into general population prisons across the state.\u003c/p>\n\u003cp>The effort is in keeping with Newsom's belief that the death penalty in America is unjust, is racially and class biased and has little connection to justice.\u003c/p>\n\u003cp>\"That's a hell of a thing: The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence,\" the Democratic governor said last year. \"Think about that. We talk about justice, we preach justice. But as a nation, we don't practice it on death row.\"\u003c/p>\n\u003cp>After\u003cstrong> \u003c/strong>a 45-day public comment period and a public hearing in March, the state hopes to start moving all 671 people on death row — 650 men and 21 women — into several other prisons across the state with high-security units.\u003c/p>\n\u003cp>Some of those people will be able to get jobs or cellmates if they are mainstreamed into the general prison population.[pullquote align=\"right\" size=\"medium\" citation=\"Gov. Gavin Newsom\"]'The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence. Think about that. We talk about justice, we preach justice. But as a nation, we don't practice it on death row.'[/pullquote]The CDCR says the move allows the state \"to phase out the practice of segregating people on death row based solely on their sentence.\" No people will be resentenced and no death row commutations offered, officials say.\u003c/p>\n\u003cp>Technically, the death penalty still exists in California. Prosecutors can still seek it. But \u003ca href=\"https://www.cdcr.ca.gov/capital-punishment/inmates-executed-1978-to-present/executed-inmate-summary-clarence-ray-allen/%20\">no one has been put to death in the state in 17 years\u003c/a>. And in 2019, Newsom imposed \u003ca href=\"https://www.gov.ca.gov/2019/03/13/governor-gavin-newsom-orders-a-halt-to-the-death-penalty-in-california/%20\">a moratorium on executions\u003c/a> and closed the death chamber at San Quentin, the decrepit and still heavily used 19th-century prison overlooking San Francisco Bay.\u003c/p>\n\u003cp>Those who get prison jobs — as clerks, or laundry or kitchen helpers — will see 70% of their pay go to victims' families, as required under Proposition 66. That 2016 voter-passed initiative amended California's Penal Code to require people sentenced to death to work and pay restitution.\u003c/p>\n\u003cp>Anti-capital punishment groups are elated that the state with the largest condemned population is moving forward with efforts to, in effect, join the \u003ca href=\"https://deathpenaltyinfo.org/state-and-federal-info/state-by-state%20\">23 other states that have abolished their death rows\u003c/a>.\u003c/p>\n\u003cp>\u003cem>\"\u003c/em>I'm thrilled. Gavin Newsom is doing a very smart thing and a very positive thing,\" says actor Mike Farrell, a long-time activist on the issue who chairs the group \u003ca href=\"https://deathpenalty.org/\">Death Penalty Focus\u003c/a>. \"It will continue to show people that the death penalty is neither necessary nor is it doing us any good.\"\u003c/p>\n\u003cp>Farrell calls capital punishment barbaric and biased against Black and brown people and those from lower socioeconomic backgrounds. While he wholly supports\u003cstrong> \u003c/strong>Newsom's move, he points out that many people on death row face serious psychological hurdles, which will complicate the process of mainstreaming people on death row.\u003c/p>\n\u003cp>\"It's going to be very difficult. There are many people on death row with serious mental issues,\" he told NPR\u003cstrong>, \u003c/strong>noting many have been isolated for decades. \"I think it's a very good move on [Newsom's] part. I just think that it has to be done extraordinarily carefully and very, very humanely.\"\u003c/p>\n\u003ch2>Some families of murder victim are opposed\u003c/h2>\n\u003cp>But death penalty proponents and victims' rights advocates are frustrated and angry.\u003c/p>\n\u003cp>\"To hear this news is devastating,\" says Sandra Friend. She described feeling victimized all over again.\u003c/p>\n\u003cp>Her \u003ca href=\"https://www.change.org/p/forever-fighting-in-memory-of-michael-lyons%20%20\">8-year-old son, Michael Lyons\u003c/a>, was making his way home from school in Yuba City in 1996 when he was abducted and sodomized by serial killer Robert Boyd Rhoades, who dumped the child's body in a riverbed.[aside label=\"Related Stories\" postID=\"news_10833493,news_11903391,news_11732471\"]\"He [Rhoades] tortured Michael for 10 hours. He stabbed him 70 to 80 times,\" she says. \"And he was 8 years old. Just the little boy full of life, full of dreams.\"\u003c/p>\n\u003cp>Rhoades was convicted of Lyons' murder in 1998 and later sentenced to die by lethal injection. But that never happened.\u003c/p>\n\u003cp>In part, California's death penalty reforms grew out of 2016's Prop. 66, which promised to speed up the time between a death sentence and an execution. The successful ballot measure also required condemned people to work and pay restitution.\u003c/p>\n\u003cp>Now death penalty proponents accuse Newsom of exploiting a lesser-known section of Prop. 66 for his own ideological and political purposes.\u003c/p>\n\u003cp>\"The governor has taken loopholes and nuances in the law and used them to give criminals — the worst criminals — a break,\" says Michael Rushford, president of the conservative \u003ca href=\"https://www.cjlf.org/\">Criminal Justice Legal Foundation\u003c/a>. \"To start mainstreaming people like \u003ca href=\"https://www.latimes.com/archives/la-xpm-1986-05-01-me-2666-story.html\">Tiequon Cox\u003c/a>, who killed an entire family in Los Angeles after going to the wrong address to do a gang hit, is an abandonment of justice. Injecting politics into criminal justice and public safety is insane. It's unjust, unfair and it's stupid.\"\u003c/p>\n\u003ch2>Other states have taken similar measures\u003c/h2>\n\u003cp>In recent years, governors in Pennsylvania and Oregon also have imposed moratoriums on the death penalty.\u003c/p>\n\u003cp>Oregon's Kate Brown extended her predecessor's moratorium. And in one of her last acts as governor last month, \u003ca href=\"https://www.opb.org/article/2022/12/15/oregon-gov-kate-brown-explains-why-she-commuted-all-of-her-state-s-death-sentences/\">she commuted the sentences of all 17 people on death row to life in prison with no possibility of parole\u003c/a>. She also ordered corrections officials to begin dismantling the state's execution chamber.\u003c/p>\n\u003cp>\"I believe that there are many Oregonians that share my values that it is inequitable, immoral and doesn't make sense for the state to take a life, particularly when it is irreversible,\" she said, after announcing her decision shortly before the holiday break.[pullquote align=\"right\" size=\"medium\" citation=\"Mike Farrell, actor/activist, Death Penalty Focus\"]'I'm thrilled. Gavin Newsom is doing a very smart thing and a very positive thing. It will continue to show people that the death penalty is neither necessary nor is it doing us any good.'[/pullquote]Nationally, \u003ca href=\"https://deathpenaltyinfo.org/facts-and-research/dpic-reports/dpic-year-end-reports/the-death-penalty-in-2022-year-end-report\">five-year averages of executions and new death sentences in America have hit decade lows\u003c/a>, according to the recently published annual report by the nonpartisan and nonprofit Death Penalty Information Center.\u003c/p>\n\u003cp>Gallup polling shows \u003ca href=\"https://news.gallup.com/poll/404975/steady-americans-support-death-penalty-murderers.aspx\">a majority 55% of Americans are in favor of the death penalty for people convicted of murder\u003c/a>. But that's in stark contrast to the consistent 60% to 80% support recorded between 1976 and 2016, Gallup data shows.\u003c/p>\n\u003cp>In California, Sandra Friend says it's outrageous that killers like Rhoades may \"get rewarded,\" as she puts it, with expanded work options, even a cellmate.\u003c/p>\n\u003cp>\"For him to be able to leave death row and go into a cushier prison, having maybe possibly a cellie, having a job, is terrifying because he is the worst of the worst. He is a monster,\" she says.\u003c/p>\n\u003cp>State officials underscore that transfers of people on death row and their housing will depend on the specific facts of each incarcerated person.\u003c/p>\n\u003cp>\"Their housing would depend on their individual case factors, and it's what the multidisciplinary teams will be evaluating,\" says CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>But Friend and other victims' families worry that simply allowing people on death row to mingle with other incarcerated people who will eventually be released is dangerous.\u003c/p>\n\u003cp>\"Just to think about [Rhoades] interacting with other inmates and having the opportunity to teach those skills and those methods of keeping, you know, under the radar is terrifying,\" Friend says. \"He is a great threat to our society, our children.\"\u003c/p>\n\u003cp>The state hopes to permanently empty California's death row by this fall, a CDCR official says.\u003c/p>\n\u003cp>Friend vows to fight the effort. A public hearing on the issue is scheduled in Sacramento for March 8.\u003c/p>\n\u003cp>\"I'm definitely going to make Michael's voice heard,\" she says, \"because he's the one that is getting lost in all of this.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The effort is in keeping with Gov. Gavin Newsom's belief that the death penalty in America is unjust, is racially and class biased, and has little connection to justice. California has the largest death row system in the US.","status":"publish","parent":0,"modified":1674072601,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1390},"headData":{"title":"California Will Dismantle Death Row — Some Cheer, but Others Are Outraged | KQED","description":"The effort is in keeping with Gov. Gavin Newsom's belief that the death penalty in America is unjust, is racially and class biased, and has little connection to justice. California has the largest death row system in the US.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"nprByline":"\u003ca href=\"https://www.npr.org/people/2101350/eric-westervelt\">Eric Westervelt\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11938061/california-will-dismantle-death-row-some-cheer-but-others-are-outraged","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California this week pushed ahead with controversial efforts to dismantle the largest death row system in America.\u003c/p>\n\u003cp>Under Gov. Gavin Newsom, \u003ca href=\"https://www.cdcr.ca.gov/news/2023/01/11/cdcr-submits-regulations-for-the-transfer-of-condemned-inmates-from-death-row-housing-units/\">the state is moving to\u003cstrong> \u003c/strong>make the transfer of condemned people permanent and mandatory\u003c/a> after what the state's Department of Corrections and Rehabilitation (CDCR) calls a successful pilot program that voluntarily moved 101 condemned people off death row into general population prisons across the state.\u003c/p>\n\u003cp>The effort is in keeping with Newsom's belief that the death penalty in America is unjust, is racially and class biased and has little connection to justice.\u003c/p>\n\u003cp>\"That's a hell of a thing: The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence,\" the Democratic governor said last year. \"Think about that. We talk about justice, we preach justice. But as a nation, we don't practice it on death row.\"\u003c/p>\n\u003cp>After\u003cstrong> \u003c/strong>a 45-day public comment period and a public hearing in March, the state hopes to start moving all 671 people on death row — 650 men and 21 women — into several other prisons across the state with high-security units.\u003c/p>\n\u003cp>Some of those people will be able to get jobs or cellmates if they are mainstreamed into the general prison population.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence. Think about that. We talk about justice, we preach justice. But as a nation, we don't practice it on death row.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Gov. Gavin Newsom","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The CDCR says the move allows the state \"to phase out the practice of segregating people on death row based solely on their sentence.\" No people will be resentenced and no death row commutations offered, officials say.\u003c/p>\n\u003cp>Technically, the death penalty still exists in California. Prosecutors can still seek it. But \u003ca href=\"https://www.cdcr.ca.gov/capital-punishment/inmates-executed-1978-to-present/executed-inmate-summary-clarence-ray-allen/%20\">no one has been put to death in the state in 17 years\u003c/a>. And in 2019, Newsom imposed \u003ca href=\"https://www.gov.ca.gov/2019/03/13/governor-gavin-newsom-orders-a-halt-to-the-death-penalty-in-california/%20\">a moratorium on executions\u003c/a> and closed the death chamber at San Quentin, the decrepit and still heavily used 19th-century prison overlooking San Francisco Bay.\u003c/p>\n\u003cp>Those who get prison jobs — as clerks, or laundry or kitchen helpers — will see 70% of their pay go to victims' families, as required under Proposition 66. That 2016 voter-passed initiative amended California's Penal Code to require people sentenced to death to work and pay restitution.\u003c/p>\n\u003cp>Anti-capital punishment groups are elated that the state with the largest condemned population is moving forward with efforts to, in effect, join the \u003ca href=\"https://deathpenaltyinfo.org/state-and-federal-info/state-by-state%20\">23 other states that have abolished their death rows\u003c/a>.\u003c/p>\n\u003cp>\u003cem>\"\u003c/em>I'm thrilled. Gavin Newsom is doing a very smart thing and a very positive thing,\" says actor Mike Farrell, a long-time activist on the issue who chairs the group \u003ca href=\"https://deathpenalty.org/\">Death Penalty Focus\u003c/a>. \"It will continue to show people that the death penalty is neither necessary nor is it doing us any good.\"\u003c/p>\n\u003cp>Farrell calls capital punishment barbaric and biased against Black and brown people and those from lower socioeconomic backgrounds. While he wholly supports\u003cstrong> \u003c/strong>Newsom's move, he points out that many people on death row face serious psychological hurdles, which will complicate the process of mainstreaming people on death row.\u003c/p>\n\u003cp>\"It's going to be very difficult. There are many people on death row with serious mental issues,\" he told NPR\u003cstrong>, \u003c/strong>noting many have been isolated for decades. \"I think it's a very good move on [Newsom's] part. I just think that it has to be done extraordinarily carefully and very, very humanely.\"\u003c/p>\n\u003ch2>Some families of murder victim are opposed\u003c/h2>\n\u003cp>But death penalty proponents and victims' rights advocates are frustrated and angry.\u003c/p>\n\u003cp>\"To hear this news is devastating,\" says Sandra Friend. She described feeling victimized all over again.\u003c/p>\n\u003cp>Her \u003ca href=\"https://www.change.org/p/forever-fighting-in-memory-of-michael-lyons%20%20\">8-year-old son, Michael Lyons\u003c/a>, was making his way home from school in Yuba City in 1996 when he was abducted and sodomized by serial killer Robert Boyd Rhoades, who dumped the child's body in a riverbed.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_10833493,news_11903391,news_11732471"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"He [Rhoades] tortured Michael for 10 hours. He stabbed him 70 to 80 times,\" she says. \"And he was 8 years old. Just the little boy full of life, full of dreams.\"\u003c/p>\n\u003cp>Rhoades was convicted of Lyons' murder in 1998 and later sentenced to die by lethal injection. But that never happened.\u003c/p>\n\u003cp>In part, California's death penalty reforms grew out of 2016's Prop. 66, which promised to speed up the time between a death sentence and an execution. The successful ballot measure also required condemned people to work and pay restitution.\u003c/p>\n\u003cp>Now death penalty proponents accuse Newsom of exploiting a lesser-known section of Prop. 66 for his own ideological and political purposes.\u003c/p>\n\u003cp>\"The governor has taken loopholes and nuances in the law and used them to give criminals — the worst criminals — a break,\" says Michael Rushford, president of the conservative \u003ca href=\"https://www.cjlf.org/\">Criminal Justice Legal Foundation\u003c/a>. \"To start mainstreaming people like \u003ca href=\"https://www.latimes.com/archives/la-xpm-1986-05-01-me-2666-story.html\">Tiequon Cox\u003c/a>, who killed an entire family in Los Angeles after going to the wrong address to do a gang hit, is an abandonment of justice. Injecting politics into criminal justice and public safety is insane. It's unjust, unfair and it's stupid.\"\u003c/p>\n\u003ch2>Other states have taken similar measures\u003c/h2>\n\u003cp>In recent years, governors in Pennsylvania and Oregon also have imposed moratoriums on the death penalty.\u003c/p>\n\u003cp>Oregon's Kate Brown extended her predecessor's moratorium. And in one of her last acts as governor last month, \u003ca href=\"https://www.opb.org/article/2022/12/15/oregon-gov-kate-brown-explains-why-she-commuted-all-of-her-state-s-death-sentences/\">she commuted the sentences of all 17 people on death row to life in prison with no possibility of parole\u003c/a>. She also ordered corrections officials to begin dismantling the state's execution chamber.\u003c/p>\n\u003cp>\"I believe that there are many Oregonians that share my values that it is inequitable, immoral and doesn't make sense for the state to take a life, particularly when it is irreversible,\" she said, after announcing her decision shortly before the holiday break.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I'm thrilled. Gavin Newsom is doing a very smart thing and a very positive thing. It will continue to show people that the death penalty is neither necessary nor is it doing us any good.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Mike Farrell, actor/activist, Death Penalty Focus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Nationally, \u003ca href=\"https://deathpenaltyinfo.org/facts-and-research/dpic-reports/dpic-year-end-reports/the-death-penalty-in-2022-year-end-report\">five-year averages of executions and new death sentences in America have hit decade lows\u003c/a>, according to the recently published annual report by the nonpartisan and nonprofit Death Penalty Information Center.\u003c/p>\n\u003cp>Gallup polling shows \u003ca href=\"https://news.gallup.com/poll/404975/steady-americans-support-death-penalty-murderers.aspx\">a majority 55% of Americans are in favor of the death penalty for people convicted of murder\u003c/a>. But that's in stark contrast to the consistent 60% to 80% support recorded between 1976 and 2016, Gallup data shows.\u003c/p>\n\u003cp>In California, Sandra Friend says it's outrageous that killers like Rhoades may \"get rewarded,\" as she puts it, with expanded work options, even a cellmate.\u003c/p>\n\u003cp>\"For him to be able to leave death row and go into a cushier prison, having maybe possibly a cellie, having a job, is terrifying because he is the worst of the worst. He is a monster,\" she says.\u003c/p>\n\u003cp>State officials underscore that transfers of people on death row and their housing will depend on the specific facts of each incarcerated person.\u003c/p>\n\u003cp>\"Their housing would depend on their individual case factors, and it's what the multidisciplinary teams will be evaluating,\" says CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>But Friend and other victims' families worry that simply allowing people on death row to mingle with other incarcerated people who will eventually be released is dangerous.\u003c/p>\n\u003cp>\"Just to think about [Rhoades] interacting with other inmates and having the opportunity to teach those skills and those methods of keeping, you know, under the radar is terrifying,\" Friend says. \"He is a great threat to our society, our children.\"\u003c/p>\n\u003cp>The state hopes to permanently empty California's death row by this fall, a CDCR official says.\u003c/p>\n\u003cp>Friend vows to fight the effort. A public hearing on the issue is scheduled in Sacramento for March 8.\u003c/p>\n\u003cp>\"I'm definitely going to make Michael's voice heard,\" she says, \"because he's the one that is getting lost in all of this.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11938061/california-will-dismantle-death-row-some-cheer-but-others-are-outraged","authors":["byline_news_11938061"],"categories":["news_6188","news_8"],"tags":["news_32300","news_20126","news_1629","news_18282","news_25015"],"affiliates":["news_253"],"featImg":"news_11938140","label":"news_253"},"news_11936438":{"type":"posts","id":"news_11936438","meta":{"index":"posts_1591205157","site":"news","id":"11936438","score":null,"sort":[1672268907000]},"guestAuthors":[],"slug":"former-california-prison-officer-accused-of-sexual-misconduct-against-multiple-inmates","title":"Former California Prison Officer Accused of Sexual Misconduct Against Multiple Incarcerated Women","publishDate":1672268907,"format":"standard","headTitle":"Former California Prison Officer Accused of Sexual Misconduct Against Multiple Incarcerated Women | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A former correctional officer at the biggest women’s prison in California has been accused of engaging in sexual misconduct against at least 22 women incarcerated there, state prison officials said Wednesday.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation said it has shared the results of an internal investigation into Gregory Rodriguez, a former officer at the Central California Women’s Facility, with the Madera County District Attorney’s Office. Charges have not yet been filed against Rodriguez, said Dana Simas, spokesperson for the corrections department.[aside label=\"Related Stories\" postID=\"news_11934072,news_11934639,news_11934758\"]Misconduct at the hands of prison officials “shatters the trust of the public,” Jeff Macomber, the corrections department’s secretary, said in a news release.\u003c/p>\n\u003cp>“We are continuing this investigation to ensure we are rooting out any employee who does not obey the law and to seek out other victims,” Macomber said.\u003c/p>\n\u003cp>The investigation began in July after officials discovered possible sexual misconduct by Rodriguez against women incarcerated at the Central California Women’s Facility, the department said. The prison is in Chowchilla, a California city about 120 miles southeast of San Francisco.\u003c/p>\n\u003cp>The corrections department said Rodriguez retired in August after he was approached about the investigation.\u003c/p>\n\u003cp>It’s the latest allegation of abuse by prison officials at facilities in California. An Associated Press \u003ca href=\"https://apnews.com/article/prisons-us-department-of-justice-united-states-government-ireland-and-politics-e68aaf2e4ead5c9bfb0659db46275405\">investigation\u003c/a> found that a high-ranking federal Bureau of Prisons official, who formerly worked at a women’s prison in the San Francisco Bay Area, was repeatedly promoted after allegations that he assaulted women incarcerated there. Another investigation found a \u003ca href=\"https://apnews.com/article/prisons-california-united-states-sexual-abuse-only-on-ap-d321ae51fe93dfd9d6e5754383a95801\">pattern of sexual abuse\u003c/a> by correctional officers at the women’s facility.[pullquote align=\"right\" size=\"medium\" citation=\"Jeff Macomber, secretary, CDCR\"]‘We are continuing this investigation to ensure we are rooting out any employee who does not obey the law and to seek out other victims.’[/pullquote]The state corrections department’s news release does not specify the type of conduct that Rodriguez allegedly engaged in. But the state’s allegations against Rodriguez come after lawyer Robert Chalfant filed two federal civil rights lawsuits in early December alleging that Rodriguez raped two women, who are known in the suits as Jane Doe and Jane Roe.\u003c/p>\n\u003cp>Federal court records did not list an attorney for Rodriguez, and attempts by The Associated Press to reach him through phone numbers found in public records were unsuccessful. The lawsuits were \u003ca href=\"https://www.sacbee.com/news/local/crime/article270470757.html\">first reported\u003c/a> by \u003cem>The Sacramento Bee\u003c/em>.\u003c/p>\n\u003cp>The district attorney’s office did not immediately respond to an email seeking comment. But Madera County District Attorney Sally Moreno told \u003cem>The Sacramento Bee\u003c/em> that her office received the results of the state’s internal investigation last week. She said her office is still reviewing the information.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"State prison officials have accused a former correctional officer at a California women's prison of engaging in sexual misconduct against at least 22 incarcerated women.","status":"publish","parent":0,"modified":1690402845,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":10,"wordCount":473},"headData":{"title":"Former California Prison Officer Accused of Sexual Misconduct Against Multiple Incarcerated Women | KQED","description":"State prison officials have accused a former correctional officer at a California women's prison of engaging in sexual misconduct against at least 22 incarcerated women.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"nprByline":"Sophie Austin\u003cbr>The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11936438/former-california-prison-officer-accused-of-sexual-misconduct-against-multiple-inmates","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A former correctional officer at the biggest women’s prison in California has been accused of engaging in sexual misconduct against at least 22 women incarcerated there, state prison officials said Wednesday.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation said it has shared the results of an internal investigation into Gregory Rodriguez, a former officer at the Central California Women’s Facility, with the Madera County District Attorney’s Office. Charges have not yet been filed against Rodriguez, said Dana Simas, spokesperson for the corrections department.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11934072,news_11934639,news_11934758"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Misconduct at the hands of prison officials “shatters the trust of the public,” Jeff Macomber, the corrections department’s secretary, said in a news release.\u003c/p>\n\u003cp>“We are continuing this investigation to ensure we are rooting out any employee who does not obey the law and to seek out other victims,” Macomber said.\u003c/p>\n\u003cp>The investigation began in July after officials discovered possible sexual misconduct by Rodriguez against women incarcerated at the Central California Women’s Facility, the department said. The prison is in Chowchilla, a California city about 120 miles southeast of San Francisco.\u003c/p>\n\u003cp>The corrections department said Rodriguez retired in August after he was approached about the investigation.\u003c/p>\n\u003cp>It’s the latest allegation of abuse by prison officials at facilities in California. An Associated Press \u003ca href=\"https://apnews.com/article/prisons-us-department-of-justice-united-states-government-ireland-and-politics-e68aaf2e4ead5c9bfb0659db46275405\">investigation\u003c/a> found that a high-ranking federal Bureau of Prisons official, who formerly worked at a women’s prison in the San Francisco Bay Area, was repeatedly promoted after allegations that he assaulted women incarcerated there. Another investigation found a \u003ca href=\"https://apnews.com/article/prisons-california-united-states-sexual-abuse-only-on-ap-d321ae51fe93dfd9d6e5754383a95801\">pattern of sexual abuse\u003c/a> by correctional officers at the women’s facility.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We are continuing this investigation to ensure we are rooting out any employee who does not obey the law and to seek out other victims.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jeff Macomber, secretary, CDCR","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The state corrections department’s news release does not specify the type of conduct that Rodriguez allegedly engaged in. But the state’s allegations against Rodriguez come after lawyer Robert Chalfant filed two federal civil rights lawsuits in early December alleging that Rodriguez raped two women, who are known in the suits as Jane Doe and Jane Roe.\u003c/p>\n\u003cp>Federal court records did not list an attorney for Rodriguez, and attempts by The Associated Press to reach him through phone numbers found in public records were unsuccessful. The lawsuits were \u003ca href=\"https://www.sacbee.com/news/local/crime/article270470757.html\">first reported\u003c/a> by \u003cem>The Sacramento Bee\u003c/em>.\u003c/p>\n\u003cp>The district attorney’s office did not immediately respond to an email seeking comment. But Madera County District Attorney Sally Moreno told \u003cem>The Sacramento Bee\u003c/em> that her office received the results of the state’s internal investigation last week. She said her office is still reviewing the information.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11936438/former-california-prison-officer-accused-of-sexual-misconduct-against-multiple-inmates","authors":["byline_news_11936438"],"categories":["news_6188","news_8"],"tags":["news_32222","news_1629","news_32223","news_5568","news_20618"],"featImg":"news_11936442","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. 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You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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