AMENDED IN SENATE SEPTEMBER 1, 2023

AMENDED IN ASSEMBLY APRIL 13, 2023

AMENDED IN ASSEMBLY MARCH 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

94

CHAPTER 845

Statutes of 2023

[ Approved by Governor October 13, 2023. Filed with Secretary of State October 13, 2023. ]

Introduced by Assembly Member Santiago

(Coauthor: Assembly Member Zbur)

February 17, 2023

An act to add Division 119.1 (commencing with Section 150925) to the Health and Safety Code, relating to public health.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law establishes the Transgender Wellness and Equity Fund, under the administration of the State Department of Public Health’s Office of Health Equity, for the purposes of funding grants to create programs, or funding existing programs, focused on coordinating trans-inclusive health care for individuals who identify as transgender, gender nonconforming, or intersex.

This bill would, upon appropriation by the Legislature, create the Transgender, Gender Variant, and Intersex Wellness Reentry Fund for purposes of funding grants to create programs, or funding existing programs, focused on reentry programming specifically to support transgender, gender variant, and intersex people who have experienced carceral systems. The bill would make legislative findings and declarations.

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares the following:

(a) At least 218,400 people in California identify as transgender.

(b) In California, 27 percent, or 796,000, of youth 12 to 17 years of age, inclusive, are viewed as gender variant by their peers at school.

(c) An estimated 1.7 percent of the population is born with intersex traits.

(d) High rates of mistreatment in culturally incompetent reentry settings lead to increased reincarceration of transgender, gender variant, and intersex (TGI) people in California, where 12 percent of the population under the jurisdiction of the Department of Corrections and Rehabilitation is incarcerated due to a parole violation.

(e) TGI people experience encounters with the criminal legal system at significantly high rates, particularly for reasons related to their identities.

(f) Primarily due to racial profiling, the criminalization of poverty, and lack of public awareness about TGI identities, TGI people are frequently incarcerated.

SEC. 2.

Division 119.1 (commencing with Section 150925) is added to the Health and Safety Code, to read:

Division 119.1. Transgender, Gender Variant, and Intersex Wellness Reentry

150925.

(a) The Transgender, Gender Variant, and Intersex (TGI) Wellness Reentry Fund is established in the State Treasury.

(b) The State Department of Public Health’s Office of Health Equity shall administer the TGI Wellness Reentry Fund for purposes of funding grants to create programs, or funding existing programs, focused on reentry programming specifically to support TGI people who have experienced carceral systems.

(c) Upon appropriation by the Legislature, moneys in the TGI Wellness Reentry Fund may be used to fund grants to existing and new TGI-specific reentry programs run by TGI-serving organizations. Reentry programs include, but are not limited to, emergency, transitional, or permanent housing, employment linkage and support, direct employment opportunities, workforce development and career development training, entrepreneurship opportunities, mental and general health care, identity document updating services, legal assistance, computer training, services navigation, case management, financial assistance and literacy, and other wraparound and comprehensive services.

(d) For purposes of this section, the following definitions apply:

(1) “Transgender” has the same meaning as defined in paragraph (3) of subdivision (f) of Section 150900.

(2) “Gender Variant” has the same meaning as “gender nonconforming” as defined in paragraph (4) of subdivision (f) of Section 150900.

(3) “Intersex” has the same meaning as defined in paragraph (5) of subdivision (f) of Section 150900.

(4) “TGI-serving organization” has the same meaning as defined in Section 150900.