SACRAMENTO, CA – California Gov. Gavin Newsom has signed legislation, authored by Sen. Caroline Menjivar (D-Van Nuys), that is designed to increase oversight in investigations pertaining to sexual assault committed by California Department of Corrections and Rehabilitation (CDCR) staff.
“For far too long, California has been derelict in our responsibility to incarcerated people when they are sexually assaulted by the prison staff entrusted to watch over them,” said Menjivar, adding, “Signing SB 1069 into law is the least we can do in response to the horrific number of sexual assaults occurring in our women’s prisons.
“By reinstating some authority back to the Office of the Inspector General (OIG), we will be giving victims and survivors the power to safely report assaults, which will be reviewed by an entity independent of CDCR. This is only one step in our work to uproot the systems of incarceration that perpetuate cycles of trauma and hinder rehabilitation.”
According to the statement by the state senator, California lawmakers limited the OIG’s oversight of CDCR in 2011. SB 1069 reinstates this authority, enhancing transparency and requiring the OIG to recommend improvements.
This legislation follows a Justice Department investigation into sexual abuse allegations at two California prisons, highlighting systemic issues beyond just these facilities.
The Federal Correctional Institution Dublin, which is now closed, was called “the rape club,” and, since 2014, “only 17 out of hundreds of complaints against prison staff have led to firings or resignations,” said the lawmaker from Van Nuys.
Colby Lenz of the California Coalition for Women Prisoners said, “To end sexual assault in California prisons, we simply cannot rely on officers investigating each other.
“As Nikki Carroll testified in the Senate, ‘We need oversight and a reason to trust that victims like myself will be protected. That didn’t happen in my case, which allowed my abuser to assault many more women.’ Survivors in our network had the courage to speak out in support of SB 1069, and the Legislature and Governor Newsom did the right thing.”
Sister Warriors Freedom Coalition Executive Director Amika Mota added, “This legislation is a critical first step in protecting the women and trans people who live in California prisons and ensuring that our people have the safety they need to report these egregious abuses of power. We will continue the fight to hold abusers and institutions accountable for the harm that is done behind prison walls.”
Sen. Nancy Skinner (D-Oakland), the Chair of the California Legislative Women’s Caucus, said, “Over the past two years, horrifying revelations have come to light about California prison staff raping or sexually assaulting over 100 incarcerated individuals. That’s why the Legislative Women’s Caucus has shined a spotlight on sexual misconduct by prison staff at California women’s prisons.
“No person, no matter what they did to be sentenced to prison or jail, should be forced to endure the brutal crime of rape or sexual assault, and Gov. Newsom’s signing of Sen. Menjivar’s SB 1069 will bring much-needed independent oversight to cases of sexual assaults of incarcerated people by prison staff.”
Sandra Henriquez, the Chief Executive Officer for VALOR, stated “While this bill does not immediately resolve the high rates of staff sexual misconduct within CDCR, it creates an added layer of protection for survivors of sexual abuse and pushes forward our work to address the root causes that allow sexual violence to persist.”
According to the bill’s sponsors, currently, the CDCR’s Allegation Investigation Unit handles misconduct investigations with inherent conflicts of interest, as wardens decide on findings and disciplinary measures. Their press statement emphasized SB 1069 aims to reform this “flawed” system.