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Less than 1% of transgender prison population nationally are housed according to their gender identity.
The best documented state-level data comes from California’s SB 132, passed in 2021, which mandates specific rights for incarcerated transgender inmates, including gender-identity housing.
March 2026 data shows 2,405 incarcerated people identified as transgender, 1028 requested transfer to female facilities (43%). Of those, 47 were approved (2%), 132 were denied, 140 changed their mind and 226 (9%) were pending. Separately, 84 people requested transfer to male facilities, with seven approved.
The 2022 Transgender Offender Manual states that housing should be considered on a case-by-case basis with separate legal action to show placement is done for safety reasons and the inmate is compliant with programs and treatment for their gender identity.
Data from 2013 shows transgender inmates are 13 times more likely to be the victim, not the perpetrator, of sexual assault in prison.
This fact brief is responsive to conversations such as this one.
Sources
- American Academy of Psychiatry and the Law The Present State of Housing and Treatment of Transgender Incarcerated Persons
- California Department of Corrections, Division of Correctional Policy Research and Internal Oversight Office of Research Senate Bill 132, Transgender Respect, Agency and Dignity Act as of March 4, 2026
- Department of Justice, Prison Rape Elimination Act Overview
- US Department of Justice Transgender Offender Manual (2022)
- UC Irvine, Center for Evidence Based Corrections Violence in California Correctional Facilities: An Empirical Examination of Sexual Assault
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