Civil Rights and LGBTQ+ Advocates Applaud Defeat of Anti-Trans SB 311, Celebrate Senate Committee Passage of SB 337 to Combat Abuse in Prisons

April 30, 2025 at 12:32 pm

FOR IMMEDIATE RELEASE
April 30, 2025

CONTACT: Jorge Reyes Salinas, Equality California

PHONE: (213) 355-3057/MOBILE: (213) 355-3057/

EMAIL:  press@eqca.org


SACRAMENTO – Today, formerly incarcerated transgender people and their loved ones, civil rights, LGBTQ+ advocacy, and criminal justice reform organizations across California praised the Senate Public Safety Committee for voting down SB 311 (Grove), a dangerous bill that would have undermined the dignity, agency and safety of transgender people in state prisons. The committee also passed SB 337 (Menjivar), legislation that will strengthen protections against sexual violence and improve accountability within the California Department of Corrections and Rehabilitation (CDCR).

The votes reflect a broader demand for trauma-informed, survivor-centered civil rights policies in California’s criminal justice system—especially when it comes to incarcerated women and LGBTQ+ people, especially transgender people, who face heightened risks of violence, abuse, and retaliation behind bars. A 2023 report found that 59% of transgender women incarcerated in men’s prisons report being sexually assaulted.

Formerly incarcerated transgender people, civil rights, and LGBTQ+ organizations widely opposed SB 311 for its blatant attempt to roll back SB 132 (Wiener), the Transgender Respect, Agency, and Dignity Act, which allows transgender people to be housed in correctional facilities consistent with their gender identity. The bill would have required CDCR to unlawfully discriminate against transgender people by creating separate facilities and prohibiting some trans women from ever being housed according to their gender identity.

Meanwhile, SB 337 responds to systemic failures and sexual abuse at the hands of CDCR staff, including recent high-profile scandals at the Central California Women’s Facility and the California Institution for Women. The bill introduces long-overdue safeguards such as strengthened body-worn camera policies, extended grievance windows, and anonymous reporting options. The bill ensures greater accountability by preventing CDCR from hiring or retaining individuals who commit violent or sexual crimes, and by mandating transparency around conflicts of interest during investigations.

The following leaders from civil rights, LGBTQ+, and criminal justice organizations issued statements in response:

A.D. Lewis, attorney & founder, Trans Beyond Bars Project at the Prison Law Office 
“Trans people in prison face horrific conditions–violence, abuse, discrimination, and segregation. Today, the Public Safety Committee rejected Senator Grove’s attempt to worsen these conditions by scapegoating and villainizing our community inside. I’m grateful the Public Safety committee passed Senator Menjivar’s bill that improves accountability and prevention efforts to reduce sexual abuse in prisons. Now, more than ever, the California legislature must continue to be a bulwark against repression and prejudicial attacks against LGBTQIA+ communities.”

Amanda Goad, Audrey Irmas Director of the Gender, Sexuality, & Reproductive Justice Project, ACLU of Southern California
“We commend the Public Safety Committee for its swift rejection of Senator Grove’s segregation proposal, which is rooted in anti-trans discrimination and fearmongering, as well as its support for Senator Menjivar’s effort to address the problem of sexual violence in our state prisons through stronger prevention and accountability measures. We encourage the Legislature to continue, as it did today, protecting the rights and dignity of our trans and incarcerated communities, and prioritizing health and safety over politics.”

Mito Aviles, Statewide Initiatives Strategist, TransLatin@ Coalition
“We applaud the Public Safety Committee for decisively rejecting Senator Grove’s dangerous and discriminatory proposal — a thinly veiled attack on trans people masked as prison policy. Rooted in stigma and fear, this measure would have further endangered the lives of incarcerated trans individuals and rolled back hard-fought human rights.

At the same time, we are heartened by the Committee’s endorsement of Senator Menjivar’s proactive approach to addressing sexual violence in our prisons — an effort grounded in evidence, compassion, and a commitment to accountability.

Today’s actions send a powerful message: that California must lead with justice, not fear — and that the safety and dignity of all people, including trans and incarcerated individuals, cannot be compromised for political gain. We urge the full Legislature to follow this lead and continue prioritizing people over prejudice.”

Tony Hoang, Executive Director, Equality California
“At a time when trans communities are under relentless political attack, it is more important than ever that our laws reflect facts, not fear. We are grateful for the rejection of SB 311 — a cruel, baseless proposal that would have jeopardized the safety of transgender people in prison and undermined California’s commitment to dignity and equality. We also commend the Committee for advancing SB 337, a much-needed measure to confront the systemic sexual violence that has plagued our prison system for too long. These are the kinds of reforms California should be championing — rooted in accountability, transparency, and humanity. Equality California will continue working to ensure that every person, including those behind bars, is protected from abuse and treated with respect, regardless of their gender identity.”

Joshua Stickney, Director of Communications, Ella Baker Center for Human Rights
“SB 311 (Grove) was a sickening attempt to vilify and segregate trans people — it deserved to be defeated today. Similarly, we are grateful to the committee for advancing SB 337 (Menjivar), a measure that will actually keep incarcerated women — transgender and cisgender women  — safer by holding CDCR guards accountable for abuse. California should continue to staunchly defend the agency, dignity, and safety of trans folks and reject far-right attempts to demonize our community.”

Linda McFarlane, Executive Director, Just Detention International
“SB 311’s supporters would have us believe that the way to stop prisoner rape is to punish trans people — that the decades of violence committed against incarcerated people in California’s prisons are somehow the fault of trans women looking for safe housing and not that of CDCR. Even more cynically, the  bill was cloaked in the language of  protecting women, even though what it prescribes  would  make facilities designated for women even more dangerous. Fortunately, SB  311 was stopped  in its tracks. Even better, SB 337, a bill that will address the causes of sexual abuse in detention, has taken a crucial step towards being passed.”

###

Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org

California released 15,000 prisoners early during COVID. New data reveals what happened to many of them

by Byrhonda Lyons

May 13, 2025 Updated May 14, 2025

Nearly one-third of California prisoners released early during the pandemic by Gov. Gavin Newsom’s administration ended up back in prison, according to California Department of Corrections and Rehabilitation data. 

The records, obtained and analyzed by CalMatters, offer the first glimpse into what happened to some of the former prisoners after state leaders chose to shrink a prison population imperiled by the spread of COVID in close quarters. 

At the time, the governor and the corrections department did not widely share the full list of the names and crimes of the thousands of people they sent home early, leaving the public in the dark about the scope of an unprecedented prisoner release effort.

In total, between April 2020 and December 2021, the corrections department freed about 14,800 people early. Roughly 4,600 had gone back to prison as of Jan. 31, 2025. 

The data shows that most prisoners who were released early steered clear of serious crimes that would land them back in prison. Thirty people returned to prison for first or second-degree murder offenses, representing fewer than 1% of the group. 

The top three reasons people went back to prison were illegally possessing a gun (14% of all cases), assault (10%), and burglary (9%). Vehicle theft, second-degree robbery and domestic abuse each accounted for about 4 to 5% of offenses. The data only includes the offense that gave the prisoner the longest sentence.

Using news reports, interviews, press releases, statements from district attorneys and data from the corrections department, CalMatters pieced together the details of what happened to some of the thousands who went back to state prison.

Isaias Alfaro was released in August 2020, after serving time for taking a vehicle without consent. Two years later, he was back incarcerated for burglary. 

Alfaro said in an interview that he was “doing his damnest” to stay out of trouble and “live a better life” after he was released early. “I was going to school and staying on the right track,” he said. “I started using drugs again, and it was only a matter of time before I began having criminal activity in my life and ended up back in jail.” He said he wished the counties had more resources to help people who are struggling with drug and alcohol addictions. 

Alfaro was released in April 2023. He’s now living in Los Angeles with family and looking for work, he said.

Santiago Contreras, 44, said she told prison officials she didn’t want to be released. As a transgender woman, “I had nowhere to go,” she said. “It was hard to survive.” 

Contreras was in prison for stalking, vandalism and assault, according to the corrections department. 

State officials released her to San Diego County probation officials for supervision, and she was given an ankle monitor, she said. A few months later, she said, she started drinking again and cut the monitor. Contreras was on the run when she strangled 43-year-old Tonya Molina to death inside a San Diego motel room, she said. Contreras is now serving 15 years-to-life, the San Diego District Attorney’s Office said.

The corrections department and other criminal justice agencies define recidivism as when someone is convicted of a new crime within three years of their release. The department mainly uses conviction data to measure recidivism, not return-to-prison rates, according to an agency spokesperson. CalMatters’ data only includes return-to-prison rates, and it’s over a much longer period of time, nearly five years.

According to our analysis, 23% of people released early during the pandemic returned to prison in less than three years. There’s no baseline rate for returning to prison to compare that figure over a similar time period. It’s slightly higher than the 17% of people who returned to prison within three years after being released in 2019-2020, according to the department’s most recent recidivism report.

Across the country, researchers at the Robina Institute for Criminal Law and Criminal Justice estimated that nearly 81,000 people were released from prisons in 34 states and the federal prison system during the pandemic. In 2022, National Public Radio reported that of more than 11,000 people released from federal prison, 442 had returned to prison; 17 committed new crimes. In Oregon, the governor commuted the sentences of about 950 people between July 2020 through October 2021. Of those, about 12% ended up back incarcerated within two years of their release, a 2023 report found.

Newsom’s office declined to comment on this story. 

Corrections department spokesperson Albert Lundeen said that the higher return-to-prison rates among those who were released early weren’t uncommon. 

“People eligible for expedited release were non-serious/non-violent, a demographic with a higher tendency to recidivate,” he wrote in an email. “It is expected that return rates for this subgroup would be higher than overall recidivism rates.”

Some left prison with “non-serious/non-violent crimes,” only to commit more serious offenses shortly afterwards. 

Jammerieo Austin, 29, was released in April 2020, after serving time for possessing/purchasing cocaine for sale, the corrections department said. He was out of prison for a little over a year when he shot and killed 40-year-old Karmen Anderson while a four-year-old sat in the backseat, according to the San Diego District Attorney’s office. Austin’s now serving a life sentence without parole, the corrections department said.

In Los Angeles County, David Grace was released from prison in August 2020 after a burglary conviction. In June 2023, he went back to prison after pleading no contest to killing someone while drunk driving, according to the Los Angeles District Attorney’s Office and data from the corrections department. In a news release, the Long Beach Police Department said Grace hit a 62-year-old father who was pushing a van alongside his daughter. 

During the pandemic, the early-release policy targeted people who were a few months away from leaving prison, serving a sentence for non-violent offenses, and those who did not have to register as sex offenders, the agency noted on its website. The agency also “excluded people serving a sentence for domestic violence,” Lundeen said.

The prisoners who’d earned credits while incarcerated for things like good behavior, completing milestones, rehabilitation and education saw some of their sentences reduced. 

Francisco Gomez, 40, had been in and out of state prison over more than a decade when he was sent back in 2017 for “unlawful sex with a victim under 16 and subject over 21,” according to the corrections department and court records. He was sentenced to eight years in prison, but he didn’t have to register as a sex offender. Madera County Supervising Deputy District Attorney Eric DuTemple said a rape conviction would require registration, but consensual sex with a minor who’s 16 years or older “would not be a registered offense, as in this case.”

The state released Gomez in August 2020. He was sent back to prison in February 2022 after being sentenced to eight years for burglary. Gomez is expected to be released again in July, state data show. 

In Tuolumne County, David Pacheco was first sentenced to prison for eight years in 2012 for employing a minor to sell a controlled substance and a few other crimes. He was released on parole in 2016, went back in 2019, and was released again in July 2020 during the pandemic.

Within the year, Pacheco was arrested for using “Snapchat to send and receive sexually explicit images and videos with juveniles in exchange for marijuana products,” according to a Facebook post from the Tuolumne County Sheriff’s office.

Using colorful packages that looked like candy and snacks, Pacheco sold drugs to more than 100 minors, ranging from 8th graders to high schoolers, the sheriff’s office said. In June 2021, he was back in prison after being sentenced to 30 years for “rape with force / violence / fear of a minor 14 years of age or older,” among other crimes, according to the corrections department.

Keith Breazell, 35, was sent to prison for more than 15 years in 2014 for assault with a semiautomatic firearm and a gang enhancement, among other charges, the corrections department said. He was released on parole on July 21, 2020. 

In an interview, Breazell said that about a week after leaving state prison, he panicked and got into a high-speed chase with police. Soon after, in a separate incident, he was caught with a firearm. He was sent to federal prison and, when released, Breazell went back to state prison to serve time for fleeing the police, he said. Breazell’s expected to be released in December.

As the pandemic forced the state to quickly release people, thousands were released into communities with limited services to support them while the state was under strict shelter-in-place orders. 

Terah Lawyer, president of CROP, a nonprofit that helps people reenter society, said the lack of support may be one reason people ended up back in prison. 

“There was no funding available to … pick people up from prison, bring them to housing beds that were not available, provide them with any type of case management system,” Lawyer said. “This was a very, very trying time in our community.”

The early releases from state prisons and local jails, combined with changes in court policies like no bail for most misdemeanors and some felonies, led to population declines in the prison and jail systems. The Public Policy Institute of California found that the prison population dropped by 23% between March 2020 and February 2021 — its lowest point in more than three decades. The average daily jail population was down by 17% over the previous year by March 2021, a report from the California Policy Lab shows. 

Soon, stories began making the news of recently released people going on to commit more crimes. At least one sheriff complained publicly that people released early from prison were winding up in county jails.

Then the public started growing concerned about local crime. 

A recent study from the Public Policy Institute of California found that the drop in property-crime arrests after the pandemic led to a rise in commercial burglaries. 

Some of the initial political blowback came with the ousting of progressive San Francisco District Attorney Chesa Boudin in San Francisco. Since then, more district attorneys have been ousted and Californians overwhelmingly supported the state getting tougher on crime with the passage of Proposition 36, which allows felony charges for some drug and theft crimes and creates a new category of crime called “treatment-mandated” felonies. 

Mohamed Al Elew contributed data reporting to this story.

In a first, California moves toward paying incarcerated firefighters minimum wage

July 2, 2025

Welcome to CalMatters, the only nonprofit newsroom devoted solely to covering issues that affect all Californians. Sign up for WhatMatters to receive the latest news and commentary on the most important issues in the Golden State.

In a historic policy change, California is moving to pay incarcerated firefighters the federal minimum wage during active fires. 

The wage increase, funded through the new state budget, follows years of advocacy to improve pay and working conditions for incarcerated labor. That effort took on a new urgency after hundreds of incarcerated firefighters were deployed to battle deadly wildfires that hit Los Angeles in January. 

Incarcerated firefighters currently earn between $5.80 and $10.24 per day, according to the California Department of Corrections and Rehabilitation. During active emergencies, Cal Fire compensates them an additional $1 per hour. 

That appears to be changing. Gov. Gavin Newsom last week signed a new state budget with $10 million to pay incarcerated firefighters $7.25 an hour when they’re on a fire. It will take effect Jan. 1 as long as the Legislature passes a bill that would mandate the policy.

“It’s the right thing to do and it’s long overdue,” said Assemblymember Isaac Bryan, a Democrat from Culver City who authored the bill that would raise incarcerated firefighter pay. “It feels really beautiful and life changing for folks who have sacrificed to save others during their time being held accountable for whatever harms they may have caused in their past.” 

Bryan initially set out to raise wages for incarcerated firefighters to $19 per hour, but settled on the federal minimum wage after budget negotiations. The bill, which received bipartisan support from nearly two dozen lawmakers, was opposed by the California State Sheriffs’ Association over concerns of its potential fiscal impact on counties. 

“To have a bipartisan moment where we’re dignifying incarcerated labor with a federal minimum wage – I think that is the best of who we are,” said Bryan. “My colleagues on both sides of the aisle, on this particular effort, are demonstrating what it really means to be Californian.”

Bryan introduced the bill after voters last year rejected a ballot measure that would have ended forced labor in prisons and jails. California’s incarcerated firefighters have long provided critical support to state, local and federal government agencies in responding to various emergencies, including wildfires and floods. 

Over 1,800 incarcerated firefighters live year-round in minimum-security conservation camps, also known as “fire camps,” located across 25 counties in California, according to the California Department of Corrections and Rehabilitation. Those numbers have dwindled in recent years due to a declining prison population. 

The wage increase is an acknowledgment to the people fighting the fires, said Katie Dixon, policy and campaign coordinator for the organization California Coalition for Women Prisoners, which supported Bryan’s bill. 

“I feel like this is a statement of value – in saying: we value you, we honor you, we see you,” said Dixon. 

Dixon dreamed of becoming a firefighter after spending two years on a hand crew while she was incarcerated. But despite her experience fighting hundreds of fires, she found that the career path was not available to her when she was released from prison in 2012 due to her criminal record. 

“It felt like a dream deferred. A dream that’s been cut off due to systemic policies designed to keep people like me — Black people — out of certain professions,” said Dixon. “Deep down inside, I’m supposed to be a battalion chief.”

Both state and federal legislation have been introduced this year to try and shore up the pipeline for incarcerated people to land in firefighting careers once they’ve been released. 

U.S. Reps. Sydney Kamlager-Dove and Judy Chu, both from California, introduced a bill that would establish national protections for incarcerated firefighters, including a uniform framework to clear their records that would ease the barriers to employment. 

“As we are seeing departments contract, as we are seeing that it is harder to recruit and retain firefighters, why would you miss an opportunity like this to connect a pipeline that is trained right into municipalities that need more firefighters?” said Kamlager-Dove. “At the end of the day, it’s jobs and economic stability that help all of us.” 

Cayla Mihalovich is a California Local News fellow.

CLOSURE IS POSSIBLE! FREEDOM IS NECESSARY! 

CLOSURE IS POSSIBLE!  FREEDOM IS NECESSARY!

Thank you Morgan Vicki Todd and MOVITO Design for creating a logo that breathes life into our campaign. Two flowers represent the two remaining state women’s prisons in California. Almost 4,000 women and TGI people are incarcerated there. We can bring them home.