SB 1069 Protecting Incarcerated Survivors of Sexual Assault, Signed Into Law by Governor
Sexual abuse in the prisons is more common than you think. People have felt trapped and without a voice for years because their abusers are people wearing badges and in positions of power. We hope that this bill is something that brings justice to the people that have been harmed by those who were sworn to protect and serve.
This Existing law establishes the Office of the Inspector General that is responsible for, among other things, contemporaneous public oversight of internal affairs investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitation’s Office of Internal Affairs. Existing law requires the Office of the Inspector General to issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the department allegations of internal misconduct and use of force and, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations. Existing law requires these reports to be posted on the Inspector General’s internet website and otherwise made available to the public upon release to the Governor and Legislature.
This bill would give the Office of the Inspector General investigatory authority over all staff misconduct cases that involve sexual misconduct with an incarcerated person and would authorize the Office of the Inspector General to monitor and investigate a complaint that involves sexual misconduct with an incarcerated person, as provided. The bill would require the Office of the Inspector General to, upon the completion of an investigation, compile and submit a report to the appropriate hiring authority, as specified.
sd20.senate.ca.gov
October 1, 2024
SACRAMENTO - Senate Bill 1069, authored by Senator Caroline Menjivar (D- San Fernando Valley), was signed into law by Governor Newsom on September 30. This bill will expand protections for incarcerated individuals who become survivors of sexual misconduct at the hands of California Department of Corrections and Rehabilitation (CDCR) staff by increasing oversight of the investigative process.
“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,” stated Senator Caroline Menjivar. “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. Thank you to Governor Newsom, my colleagues in the Legislature, SB 1069 cosponsors, and victim advocates, for lifting up the voices of survivors. This is only one step in our work to uproot the systems of incarceration that perpetuate cycles of trauma and hinder rehabilitation.”
In 2011, the CA Legislature revoked much of the OIG’s broad investigatory authority over CDCR. SB 1069 will reinstate OIG’s oversight role, as well as increase transparency through monitoring and reporting. OIG will also be tasked with making recommendations for improvements to the process.
SB 1069 becomes law on the heels of a Justice Department investigation into allegations of sexual abuse by staff at two California prisons. Yet, Central California Women’s Facility Chowchilla and the California Institution for Women Chino are not outliers in these heinous abuses of residents. The now closed Federal Correctional Institution Dublin
was nicknamed “the rape club,” and of the hundreds of complaints filed against California women’s prison staff since 2014, only 17 correctional officers have been fired or resigned.
Supporters of SB 1069 are also marking this pivotal step in reforming our carceral systems.
“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.”
- Colby Lenz, California Coalition for Women Prisoners
"We are grateful to Senator Menjivar for championing this effort and to the Legislature and Governor for passing SB 1069 into law. 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." - Sister Warriors Freedom Coalition Executive Director Amika Mota
“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 Governor Newsom’s signing of Senator Menjivar’s SB 1069 will bring much-needed independent oversight to cases of sexual assaults of incarcerated people by prison staff.” - Senator Nancy Skinner, Chair of the California Legislative Women’s Caucus
“We are thrilled that Governor Newsom signed Senator Menjivar’s SB 1069! 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.” – Sandra Henriquez, Chief Executive Officer for VALOR
The existing sexual misconduct investigatory process is fundamentally flawed due to a lack of oversight and the inherent conflict of interest during internal investigations. Currently, the Allegation Investigation Unit (AIU) of CDCR’s Office of Internal Affairs is the sole entity leading investigations into allegations of serious misconduct by employees. Following the investigation, wardens are authorized to review completed reports, determine the findings, and then decide on disciplinary action. SB 1069 is a key step in remedying this faulty system. | 
